G.R. No. 132061. September 21, 1999.
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. MELECIO HIVELA y BANGERAN alias MILING, defendant-appellant.

FACTS

Accused Melecio Hivela was convicted by the trial court of raping his 14-year-old daughter, Marilen Hivela, and was sentenced to death. The prosecution evidence established that on May 16, 1997, at 4:00 a.m., Melecio Hivela raised his daughter’s t-shirt, removed her shorts and panty, threatened to kill her and her mother Elvina with a bolo, placed himself on top of her, inserted his penis into her vagina, and made push and pull movements. Marilen and Elvina cried and pleaded for him to stop, but he continued until Marilen felt fluid enter her vagina. He then inserted a finger into her vagina. The house was lit by a kerosene lamp. Neighbors Reynaldo Villanueva and Merlyn de la China heard the cries and saw through a plastic sack wall the accused on top of Marilen, holding her hands, with his brief lowered and Marilen naked to the chest. Reynaldo called out to him, and Merlyn reported the incident to the police, who arrested Melecio. A medico-genital examination of Marilen on the same day by Dr. Joy Ann Jocson revealed healed lacerations on the vulvar area and hymenal ring, consistent with prior sexual intercourse and the application of force. Marilen filed a formal complaint on May 20, 1997. The accused denied the rape, claiming he was in Hinoba-an, Negros Occidental, at the time, looking for work, and attributed the charge to a quarrel with his brother-in-law, Romeo Parreño, over land. He did not present corroborating witnesses.

ISSUE

Whether the accused is guilty beyond reasonable doubt of the crime of rape.

RULING

The Supreme Court affirmed the conviction. The accused’s alibi and denial are weak defenses that cannot prevail over the positive identification by the victim and the disinterested eyewitnesses. The alleged inconsistencies in the testimonies of the prosecution witnesses, particularly Marilen’s statement about blood coming out despite the medical finding of healed lacerations and the discrepancy regarding the number of persons present in the house, were deemed inconsequential. The Court noted that Marilen was unlettered and young, and such minor inconsistencies do not detract from the core fact of the rape. The testimonies of the victim and the eyewitnesses were found credible and consistent on the essential details of the crime. The crime was qualified by the relationship of father and daughter, warranting the imposition of the death penalty. The Court also affirmed the award of P50,000.00 as civil indemnity and P25,000.00 as exemplary damages.