GR 131104; (June, 1999) (Digest)
G.R. No. 131104 June 17, 1999
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. RIZALINO P. REBOSE, accused-appellant.
FACTS
The prosecution established that on April 17, 1995, in Antipolo, Rizal, appellant Rizalino Rebose, armed with a gun, accosted the 12-year-old victim, Lorena Rizalte. He accused her of wrongs committed by her relatives, kissed her, and threatened her companion, Alex Feliciano, forcing him to leave. Alone with the frightened victim, appellant pointed his gun at her, ordered her inside a house, and compelled her to undress under threat of death, after which he had carnal knowledge of her. Lorena initially concealed the assault but later confessed to her grandmother after a medical examination at Camp Crame revealed physical findings consistent with sexual abuse, including a “kiss mark” on her neck and healed lacerations.
The defense presented an alibi, claiming appellant was in Bontoc, Mountain Province, on the date of the incident. Alex Feliciano, allegedly present during the initial accosting according to the victim, testified he was at a construction site in Manila, supported by payroll records. Appellant, a pastor, also claimed the charge was fabricated due to a prior dispute with the victim’s family over church funds. The trial court rejected the defense and convicted appellant of rape, sentencing him to reclusion perpetua and ordering him to pay moral damages.
ISSUE
Whether the prosecution proved the guilt of the accused for the crime of rape beyond reasonable doubt.
RULING
Yes. The Supreme Court affirmed the conviction, holding that the prosecution successfully established the elements of rape through force and intimidation. The credible and categorical testimony of the victim, who was only twelve years old, positively identified appellant as the perpetrator who used a gun to threaten and subdue her. The Court emphasized that the failure of the victim to shout or escape immediately does not undermine her credibility, as intimidation is subjective and paralyzing fear, especially for a child confronted with a lethal weapon, explains such inaction. The medico-legal findings corroborated her account of sexual assault.
The defense of alibi was correctly dismissed for being weak and unconvincing against the victim’s positive identification. Alibi requires proof of physical impossibility to be at the crime scene, which appellant failed to establish. The corroborating payroll evidence for the witness Alex Feliciano was deemed insufficient to discredit the victim’s straightforward narrative, which bore the hallmarks of truth. The Court modified the damages, awarding P50,000.00 as civil indemnity and P50,000.00 as moral damages, in line with prevailing jurisprudence.