G.R. No. 132058 October 1, 1999
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. EFREN NARIDO, accused-appellant.

FACTS

An Information filed on March 24, 1997, charged Efren Narido with the rape of his 11-year-old daughter, Jenny Narido, in December 1996 in San Miguel, Leyte. The accused pleaded not guilty. The prosecution established that Jenny, the eldest of four children, lived with the appellant and his common-law wife, Delinia Obsomar, after her mother’s death in 1995. Jenny testified that in December 1996, appellant brought her to gather firewood, undressed her, ordered her to lie down, and had sexual intercourse with her, causing her pain and making her cry. She stated this was the first of six molestations by appellant. One assault in their house was witnessed by Delinia, leading to a fight. After Delinia left, appellant slapped Jenny until her lips bled. When Delinia returned and another fight ensued, appellant grabbed a bolo, prompting Jenny to flee to the barangay captain’s house. She was assisted by barangay health worker Anna Bencito and referred to police. A medical examination on February 21, 1997, revealed old healed hymenal lacerations. Social worker Anabelle Agner testified Jenny was sexually abused six times, suffered trauma, and that appellant admitted molesting Jenny once. Barangay Captain Faustino Bertis testified he referred Jenny’s case to police after she reported maltreatment and threats. The defense presented only appellant, who denied the rape, interposing alibi and denial, claiming he could not do such a thing to his daughter and that he was fishing or farming during the period. The Regional Trial Court convicted appellant of statutory rape and sentenced him to death.

ISSUE

1. Whether the trial court erred in convicting the accused despite the alleged failure of the prosecution to prove his guilt beyond reasonable doubt, particularly concerning the credibility of the complainant’s testimony.
2. Whether the trial court erred in disregarding the defense of denial and alibi.

RULING

The Supreme Court affirmed the conviction. On the first issue, the Court found no reason to depart from the trial court’s assessment of Jenny’s credibility, which is generally accorded great weight. The trial court considered Jenny’s testimony believable and truthful, noting her earnest promise to tell the truth. Her testimony was consistent with the medical findings of old healed hymenal lacerations, corroborating her claim of sexual abuse. The Court rejected the appellant’s claim that her testimony was incredible, noting that testimonies of child-victims are given full weight and credit. On the second issue, the Court held that denial and alibi cannot prevail over the positive identification and credible testimony of the victim. Alibi is inherently weak and must be supported by clear and convincing evidence, which appellant failed to provide. The Court found the prosecution’s evidence sufficient to prove appellant’s guilt beyond reasonable doubt. However, the penalty was modified. Since the Information did not allege Jenny’s exact age or her relationship to the appellant as an element qualifying the rape to warrant the death penalty under Republic Act No. 7659 , the crime was simple rape punishable by reclusion perpetua. The Court affirmed the conviction but modified the penalty to reclusion perpetua and increased the indemnity to P50,000.00.