GR 130609; (May, 2000) (Digest)
G.R. No. 130609 May 30, 2000
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. EMIL BABERA y RABANERA, accused-appellant.
FACTS
The accused-appellant, Emil Babera, was convicted by the Regional Trial Court of two counts of rape committed against Imelda Mangonon in March 1995 in Binmaley, Pangasinan. The victim, then seventeen years old, testified that Babera, while she was gathering fish at the seashore, poked a knife at her, dragged her to a hut, and raped her on two consecutive mornings. She resisted but was overpowered. Her pregnancy, discovered months later, prompted her uncle to report the crime. In April 1996, during a confrontation at the seashore, Imelda positively identified Babera from a group of fishermen as her assailant. A psychological evaluation later revealed Imelda had an I.Q. of 32, classifying her intellect as moderately retarded.
For his defense, Babera interposed alibi and denial. He claimed that during the alleged rape incidents in March 1995, he was residing in Alaminos, Pangasinan, working as a houseboy in Lingayen, and only began fishing in Buenlag, Binmaley in January 1996. He asserted he first saw Imelda on April 19, 1996, when she pointed him out. His sister corroborated his alibi regarding his residence.
ISSUE
Whether the prosecution proved the guilt of the accused-appellant for two counts of rape beyond reasonable doubt.
RULING
Yes. The Supreme Court affirmed the conviction. The Court upheld the trial court’s assessment of the credibility of the victim’s positive identification, which was categorical and consistent. The defense of alibi was correctly rejected as it was not physically impossible for the accused to have been at the crime scene, given that the distance between Alaminos and Binmaley was traversable in about two hours. Alibi cannot prevail over the positive identification of the accused, especially where no ill motive was shown for the victim to falsely testify. The Court noted that the victim’s mental retardation did not impair her credibility but rather bolstered it, as it made her less likely to fabricate a story. The facial resemblance between the accused and the victim’s child was also considered corroborative. The elements of rape through force and intimidation were sufficiently established by the victim’s testimony. The penalty of reclusion perpetua for each count was affirmed. The Court modified the damages, ordering an additional P50,000.00 as civil indemnity, separate from the P50,000.00 moral damages awarded by the trial court.