G.R. Nos. 138361-63 December 3, 2002
People of the Philippines, plaintiff-appellee, vs. Jimmy S. Plurad, Roberto Bernadas (At Large) and Juvanie Canedo (At Large), accused, Jimmy S. Plurad, accused-appellant.

FACTS

Three informations for rape were filed against Jimmy Plurad, Roberto Bernadas, and Juvanie Cañedo for the alleged gang rape of 14-year-old Norielene Ranao on October 22, 1997, in Davao City. The prosecution established that on the evening of October 21, 1997, the victim and her friends were drinking with the three accused. After moving to Bernadas’s house, the victim felt dizzy and fell asleep. She later woke up to find the three accused carrying her to a bedroom. There, each accused successively had sexual intercourse with her while the others held her hands and covered her mouth to prevent resistance. Prosecution witness Cristina Cruz corroborated the victim’s account, stating she was in the room and witnessed the rape. The victim reported the incident, and a medical examination revealed a contusion on her breast and an intact but wide hymen. Only accused-appellant Jimmy Plurad was apprehended and tried, as his co-accused remained at large. Plurad pleaded not guilty and raised the defense of alibi, claiming he left the scene at 1:30 AM, before the alleged rape occurred. The Regional Trial Court found him guilty of three counts of rape and sentenced him to reclusion perpetua for each count, plus damages.

ISSUE

Whether the trial court erred in finding accused-appellant Jimmy Plurad guilty beyond reasonable doubt of three counts of rape.

RULING

The Supreme Court AFFIRMED the trial court’s decision with MODIFICATION. The Court held that the defense of alibi is inherently weak and cannot prevail over the positive and categorical identification by the victim and the corroborating witness. The testimonies of the child-victim and the witness were found credible and consistent. The medical findings, though showing an intact hymen, did not negate rape, as complete penetration without hymenal injury is possible. The Court sustained the conviction for three counts of rape based on conspiracy, as each accused, by their collective actions, cooperated in the commission of the crime. The penalty of reclusion perpetua for each count was affirmed. The award of damages was modified: accused-appellant was ordered to pay P50,000.00 as civil indemnity and P50,000.00 as moral damages for each count of rape. The award of exemplary damages was deleted for lack of aggravating circumstances.