G.R. No. 136138-40; December 22, 2000
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. PABLO “Biling” BISCO y RAMOS, accused-appellant.

FACTS

The accused-appellant, Pablo Bisco, was convicted by the trial court of three counts of rape against Celerina Barola. The complaints stemmed from three specific incidents: on January 26, 1996, inside the victim’s house at night; on January 27, 1996, in a banana plantation in the afternoon; and on March 26, 1997, also in the same plantation. During the first two incidents, Celerina was eleven years old. She was threatened with harm if she reported the assaults. The third incident occurred when she was twelve. The crime was revealed on March 26, 1997, when Celerina, while sobbing, confessed to her aunt after being given money for halo-halo by the accused. A medical examination revealed healed lacerations consistent with sexual intercourse.
The defense interposed denial and alibi. For the first incident, Bisco claimed he was at a hospital with the victim’s parents. He also alleged that the charges were politically motivated, instigated by a barangay official because he refused to support a candidate. The trial court found the testimony of the minor victim credible and convicted Bisco, sentencing him to reclusion perpetua for each count and awarding damages.

ISSUE

Whether the trial court erred in convicting the accused-appellant of three counts of rape based on the credibility of the victim’s testimony and the evidence presented.

RULING

The Supreme Court affirmed the conviction with modification on damages. The Court found the victim’s testimony to be clear, candid, and consistent, thereby satisfying the requisite proof beyond reasonable doubt. The defense of alibi and denial cannot prevail over the positive identification by the victim. The medical findings, showing healed lacerations, corroborated her account of repeated sexual abuse. The alleged political motive was deemed insufficient to discredit the serious accusations, as no parent would willingly subject a child to the ordeal of a rape trial for mere political retaliation.
The legal logic hinges on the application of Article 335 of the Revised Penal Code, as amended. For the incidents on January 26 and 27, 1996, the victim was under twelve years of age, constituting statutory rape under paragraph 3, where force or consent is immaterial. For the incident on March 26, 1997, the victim was twelve, so the prosecution successfully proved the use of force and intimidation under paragraph 1. Thus, the accused was correctly held liable for three separate counts. The penalty of reclusion perpetua for each count was affirmed. The Court modified the damages, ordering civil indemnity and moral damages of P50,000.00 each per count, recognizing the gravity of the crime and the victim’s suffering.