G.R. No. 136737 May 23, 2001
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. BEN LIBO-ON, accused-appellant.

FACTS

Accused-appellant Ben Libo-on was charged with the rape of his 14-year-old niece, Analyn Caballes. After the information was filed but before arraignment, the prosecution submitted an affidavit of desistance purportedly signed by the complainant and her mother, Erlinda Caballes. The trial court conducted a clarificatory hearing. The mother affirmed the affidavit’s voluntariness, citing pity for the accused’s children, while the father, Ananias Caballes, vehemently opposed the desistance, stating he was not a party to it and wished to continue the prosecution. The court, noting the father’s stance, declared the affidavit not binding and placed the complainant in the custody of the Ministry of Social Welfare.
During trial, the prosecution established that on November 2, 1997, the minor complainant was sent on an errand. The accused-appellant accosted her, brought her to an abandoned house, and had forcible sexual intercourse with her. She immediately reported the incident to her father, leading to a medical examination and a police complaint. The defense presented alibi and denial, claiming the accused was elsewhere during the incident and suggesting the charge was fabricated due to a family grudge.

ISSUE

Whether the affidavit of desistance executed by the complainant and her mother divests the court of jurisdiction and warrants the dismissal of the rape case.

RULING

No. The Supreme Court affirmed the conviction but modified the penalty to reclusion perpetua. The Court ruled that an affidavit of desistance, especially in crimes of rape, does not automatically result in the dismissal of the case or negate the prosecution’s evidence. A criminal offense is an outrage against the sovereignty of the state; thus, the institution and continuation of criminal proceedings do not depend on the will of the private complainant. The court retains full control and discretion over the case. The trial court correctly disregarded the affidavit after the clarificatory hearing revealed it was not executed with the conformity of the victim’s father, who was steadfast in pursuing the case. The prosecution successfully proved the elements of rape through the credible, candid, and consistent testimony of the minor victim, which was corroborated by her immediate reporting and the medical findings. The defense of alibi and denial cannot prevail over the positive identification by the victim. The death penalty was reduced to reclusion perpetua as the information failed to allege the victim’s exact age with specificity, a requisite for imposing the supreme penalty under the law at the time.