GR 133857; (March, 2000) (Digest)
G.R. No. 133857 ; March 31, 2000
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JOEY AMIGABLE, accused-appellant.
FACTS
The case involves the rape of thirteen-year-old Olivia Gallo. On the evening of January 26, 1997, accused-appellant Joey Amigable and two companions bought gin from Olivia’s family store. After drinking until the early hours, Amigable stayed behind. When Olivia went outside, he forcibly pulled her, covered her mouth, and dragged her to a nearby unfinished house. There, he threatened to kill her and her family if she resisted or shouted, and proceeded to have carnal knowledge of her against her will. Olivia’s mother, alerted by her cousin, discovered the scene, finding Olivia half-naked and Amigable putting on his shorts. Olivia later testified that this was the third time Amigable had raped her, with previous incidents occurring when she was ten and just a week prior.
The defense presented alibi, claiming Amigable was at home with his wife during the alleged incident. The medico-legal report noted deep healed hymenal lacerations and a congested vestibule but no fresh lacerations. Amigable argued this finding negated recent intercourse, rendering Olivia’s claim incredible.
ISSUE
Whether the absence of fresh hymenal lacerations negates the commission of rape and discredits the victim’s testimony.
RULING
The Supreme Court affirmed the conviction. The legal logic centers on the principle that the credibility of a rape victim’s testimony, when found credible by the trial court, is paramount. The Court deferred to the trial court’s assessment of Olivia’s demeanor, finding her narrative of force, intimidation, and resistance to be sincere and consistent. The absence of fresh lacerations does not disprove rape, especially considering Olivia’s prior sexual abuse by the same perpetrator, which explained the healed state of her hymen. The medical finding of a congested vestibule was consistent with recent friction from penile contact. The Court reiterated that a medical examination is not indispensable for a rape conviction; the victim’s credible testimony alone suffices. The use of force and intimidation was established through Olivia’s detailed account of being dragged, threatened with death, and physically overpowered. The penalty of reclusion perpetua and an indemnity of P50,000 were affirmed, with an additional P50,000 in moral damages awarded in line with jurisprudence.