GR 127650; (August, 2000) (Digest)
G.R. No. 127650 ; August 25, 2000
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. RICARDO TOQUERO y JACOBO, accused-appellant.
FACTS
The accused-appellant, Ricardo Toquero, was convicted by the Regional Trial Court of rape and sentenced to reclusion perpetua. The information alleged that on October 19, 1994, in Urdaneta, Pangasinan, he used a handgun, force, threat, and intimidation to have carnal knowledge of the 14-year-old complainant, Sonia De Vera, against her will. At trial, Sonia testified that Toquero, a family friend, deceived her by falsely claiming her mother was in an accident. He brought her from her school to Liz Hotel in Urdaneta, where he poked a gun at her, threatened to kill her, and forcibly raped her. She revealed the incident to her parents two weeks later.
The defense presented alibi, claiming Toquero was harvesting palay on his farm in Sto. Tomas, Pangasinan, from 7:00 a.m. to 4:00 p.m. on the date in question. He denied the accusation and noted the previously good relationship between their families. The trial court found Sonia’s testimony credible and convicted Toquero.
ISSUE
Whether the trial court erred in giving credence to the testimony of the private complainant and in disregarding the defense of alibi.
RULING
The Supreme Court affirmed the conviction. The trial court’s assessment of witness credibility is accorded great respect. Sonia’s testimony was consistent, natural, and candid in detailing the rape. The prior good relationship between their families negated any improper motive for a false accusation. It is improbable for a young barrio lass to fabricate a charge of defilement, undergo examination, and expose her family to disgrace unless motivated by a truthful desire for justice. The testimony of a young rape victim, absent proof of ill motive, deserves full credence.
The defense of alibi must fail. Alibi cannot prevail over the positive and credible identification by the victim. Furthermore, for alibi to prosper, the accused must prove not only his absence from the crime scene but also the physical impossibility of being present. Toquero’s farm was only about three kilometers from Sonia’s school, a distance that did not preclude his presence at the school and subsequent travel to Urdaneta. Conviction can rest on the lone, credible testimony of a rape victim. The penalty of reclusion perpetua was affirmed. The Court clarified that the awarded P100,000.00 constitutes P50,000.00 as civil indemnity and P50,000.00 as moral damages.