GR 127124; (May, 2000) (Digest)
G.R. No. 127124 May 9, 2000
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. CONRADO CABANA @ RANDY, accused-appellant.
FACTS
The accused-appellant, Conrado Cabana, was convicted by the Regional Trial Court of the crime of rape against his sixteen-year-old stepdaughter, Zoraida Cabbeh. The prosecution evidence established that on the night of May 22, 1994, in San Mateo, Rizal, the victim was sleeping alone when she was awakened by the accused undressing her. She resisted by kicking and boxing him, but he overpowered her, held her hands, and succeeded in having carnal knowledge with her, causing her pain and bleeding. The victim did not immediately report the incident and instead went to Batangas. She eventually executed a sworn statement on August 26, 1994, with her mother’s assistance. A medico-legal examination confirmed healed hymenal lacerations and a chest contusion, findings consistent with sexual abuse and physical force.
The defense, primarily through the testimony of the victim’s mother, Luzviminda dela Torre, presented an alibi. She claimed the accused, her husband, arrived home very late that night and slept beside her, while the victim slept in a separate bed. She also suggested the rape charge was fabricated in retaliation because the accused had physically assaulted the victim on a later date, August 21, 1994. The accused himself denied the allegations, claiming he was elsewhere during the alleged incident.
ISSUE
The core issue is whether the prosecution proved the guilt of the accused for the crime of rape beyond reasonable doubt.
RULING
The Supreme Court affirmed the conviction. The Court upheld the trial court’s assessment crediting the victim’s clear, candid, and consistent testimony over the defenses of denial and alibi. The Court found the victim’s narration of the sexual assault, her immediate resistance, and the subsequent pain and bleeding to be credible and convincing. The medico-legal findings, particularly the healed hymenal lacerations, provided strong physical corroboration that she had been subjected to sexual intercourse compatible with the alleged timeframe. The delay in reporting was sufficiently explained by her fear and confusion, and her eventual disclosure to authorities was deemed spontaneous and credible.
The defense of alibi was rejected as inherently weak and unsubstantiated by clear and convincing evidence. The Court noted it was not physically impossible for the accused to have been at the crime scene. The claim of ill motive for fabrication was also dismissed, as the alleged retaliatory motive arose months after the rape incident and did not logically explain the detailed and corroborated account of the sexual violation. The crime was committed by carnal knowledge through force and intimidation under the then-governing Article 335 of the Revised Penal Code. The penalty of reclusion perpetua was affirmed, but the civil indemnity was increased to P50,000.00, with an additional P50,000.00 awarded as moral damages.
