G.R. No. 125939 October 12, 1998
People of the Philippines, plaintiff-appellee, vs. Mario Abangin alias “Patok,” accused-appellant.

FACTS

Accused Mario Abangin was charged with two counts of statutory rape against Shirley Sacbayana, then 11 years old. The informations alleged that on May 30, 1993, and June 5, 1993, in Barangay Central, San Francisco, Southern Leyte, the accused, by means of force, threats, and intimidation, had carnal knowledge of the victim without her consent. The prosecution’s evidence established that on both dates, Shirley was alone sleeping in her grandfather’s house when the accused entered, sexually assaulted her, and threatened her not to tell anyone. Medical examinations confirmed lacerations in her hymenal membrane. The defense presented an alibi for June 5, 1993, claiming the accused was gathering sand and later attended a benefit dance. For the May 30 incident, the defense alleged it was the victim’s grandfather, Victoriano Legista, who committed the rape, a claim rebutted by both Shirley and Victoriano. The trial court found the accused guilty beyond reasonable doubt of two counts of statutory rape.

ISSUE

Whether the trial court erred in finding the accused guilty beyond reasonable doubt of two counts of statutory rape.

RULING

The Supreme Court affirmed the trial court’s decision. The Court held that the victim’s testimony was credible, straightforward, and consistent, and her positive identification of the accused was reliable. The defense of alibi was rejected as the accused failed to prove the physical impossibility of his presence at the crime scene. The defense’s alternative claim that the victim’s grandfather was the perpetrator was deemed a mere concoction. The victim’s age, being below 12, qualified the crimes as statutory rape, where force and intimidation need not be proven, and lack of consent is conclusively presumed. The accused was sentenced to reclusion perpetua for each count and ordered to pay moral damages and indemnity to the victim.