G.R. No. 136304 January 25, 2001
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ROGER RAMA, accused-appellant.

FACTS

On January 1, 1998, at the Dagupan City plaza, one-year-old Joyce Ann Cabiguin was kidnapped. The prosecution’s primary witness was five-year-old Roxanne Cabiguin, the victim’s cousin. Roxanne testified that the accused, Roger Rama, offered her a biscuit to bring Joyce Ann to him. After she complied, Rama took the child and fled. Her testimony was corroborated by Pierre Torio, who witnessed Rama acting suspiciously at the plaza, staring at children and appearing confused. The child’s grandmother, Diana Laviste, testified that after receiving tips, she went to Rama’s residence in Binmaley, Pangasinan, accompanied by three child witnesses who positively identified Rama as the kidnapper, though these children did not testify in court.
The defense presented an alibi, with Rama claiming he was at home in Binmaley on the date in question, which was corroborated by his wife and a neighbor. He denied knowing the witnesses and alleged that the charges were fabricated because the child’s father owed him money.

ISSUE

Whether the guilt of accused-appellant Roger Rama for the crime of kidnapping under Article 267 of the Revised Penal Code was proven beyond reasonable doubt.

RULING

Yes, the Supreme Court affirmed the conviction. The Court found the testimony of child witness Roxanne Cabiguin to be credible and convincing. Her account was clear, straightforward, and given in a spontaneous manner consistent with her youthful perception. The Court emphasized that the testimony of a single witness, if credible and positive, is sufficient to sustain a conviction. Roxanne’s testimony was substantially corroborated by Pierre Torio, who placed Rama at the scene acting suspiciously, and by the investigative efforts of Diana Laviste and Elvira Sebastian, which led to Rama’s identification by other child witnesses.
The Court rejected Rama’s alibi as weak and inherently unreliable. For an alibi to prosper, the accused must prove not only that he was elsewhere when the crime was committed but that it was physically impossible for him to be at the scene. Rama failed to establish this impossibility, as Binmaley and Dagupan City are neighboring localities. The alleged motive for fabrication—a debt—was deemed insufficient to discredit the consistent and positive identification by the prosecution witnesses. Since the kidnapping lasted more than three days, the penalty of reclusion perpetua was properly imposed. However, the award of moral and temperate damages was deleted for lack of sufficient evidence.