GR 124005; (June, 1999) (Digest)
G.R. No. 124005 June 28, 1999
People of the Philippines, plaintiff-appellee, vs. Tomas Ablog y Fernando, defendant-appellant.
FACTS
The accused-appellant, Tomas Ablog, was convicted by the trial court of statutory rape for sexually assaulting his ten-year-old grandniece, Christine Winda Montera. The incident occurred on the evening of May 27, 1995, when the victim went to use the common comfort room. Ablog entered, laid down a slat of wood, ordered her to undress and lie down, and proceeded to sexually penetrate her. The assault was interrupted when the victim’s grandmother called for her. The victim immediately reported the rape to her mother, who had seen Ablog exiting the same comfort room. A medical examination confirmed shallow, healed hymenal lacerations consistent with sexual intercourse.
Ablog denied the accusation, interposing the defense of impotency due to his age (68) and hypertension. He presented an alibi, claiming he was feeding his fighting cocks and washing at the time of the incident. His wife’s testimony supported his alibi but was deemed biased. The prosecution presented the consistent and credible testimonies of the victim, her parents, and the medico-legal officer.
ISSUE
Whether the prosecution proved the guilt of the accused-appellant for the crime of statutory rape beyond reasonable doubt.
RULING
Yes, the Supreme Court affirmed the conviction. The Court found the testimony of the young victim to be credible, straightforward, and consistent. Her positive identification of Ablog as her assailant was deemed conclusive. The defense of impotency was rejected, as such a claim must be proven with certainty and cannot prevail over the victim’s positive testimony and the corroborative medical findings. The Court also noted that Ablog’s attempt to seek forgiveness from the victim’s father was a tacit admission of guilt.
The alibi and denial were inherently weak and could not overcome the strong evidence of the prosecution. The trial court’s assessment of witness credibility was accorded great respect. However, the Court modified the damages awarded. While the penalty of reclusion perpetua was affirmed, the civil indemnity was reduced from P100,000 to P50,000, with an additional P50,000 awarded as moral damages, in line with prevailing jurisprudence. The death penalty was not imposed as the accused, being a granduncle by affinity, was only a fourth-degree relative, not covered by the aggravating circumstance of relationship under the law.