G.R. No. 131806 ; October 20, 2000
People of the Philippines, plaintiff-appellee, vs. Liberato Cabigting y Sarmiento, accused-appellant.

FACTS

The accused-appellant, Liberato Cabigting, was convicted by the Regional Trial Court of rape against his 11-year-old student, Sheryl M. de Ocampo. The prosecution’s evidence established that on November 23, 1995, Sheryl and two classmates went to Cabigting’s house to clean it. Cabigting instructed the other girls to clean the yard and brought Sheryl inside a room, where he closed the door and window, undressed her, and had carnal knowledge of her despite her resistance. The act was interrupted when her classmates knocked on the door. Sheryl reported the incident days later after a medical consultation. The medico-legal report indicated an intact hymen but did not preclude the possibility of inter-labial insertion, noting that any contusion could have healed in the intervening five days before the examination.
The defense presented an alibi, with Cabigting claiming he was already at school during the alleged incident, supported by a logbook entry and testimony from the head teacher. He denied asking the students to clean his house. However, prosecution witnesses, including the two classmates and another student, corroborated Sheryl’s account of being at the accused’s house that morning.

ISSUE

The core issue is whether the prosecution proved the guilt of the accused-appellant for the crime of rape beyond reasonable doubt, particularly in light of the medico-legal findings and the conflicting testimonies regarding his presence at the scene.

RULING

The Supreme Court affirmed the conviction. The Court emphasized that the credibility of the victim’s clear, consistent, and candid testimony, describing the details of the sexual assault, prevails over the accused’s denial and alibi. The testimony of a young rape victim, when straightforward and unshaken, is accorded full weight and credit. The medico-legal findings were not exculpatory; the NBI medico-legal officer testified that the intact hymen did not rule out rape, as inter-labial penetration without full vaginal entry is possible, and any injuries could have healed within the five-day lapse before examination. The defense’s alibi was weak and uncorroborated by clear and convincing evidence, and it was not physically impossible for the accused to have been at his house before going to school. The Court modified the damages awarded, ordering the accused to pay P50,000 as civil indemnity and P50,000 as moral damages, but deleted the exemplary damages due to the absence of proven aggravating circumstances.