GR 138474; (March, 2001) (Digest)

G.R. No. 138474, March 28, 2001
People of the Philippines vs. Fortunato Balano

FACTS

The accused-appellant, Fortunato Balano, was charged with the rape of Elsie Ninang on the evening of April 20, 1996, in Sultan Kudarat. The prosecution’s case relied primarily on the testimonies of Elsie and her eight-year-old daughter, Richeryll. Elsie testified that Balano, who was related to her by marriage, entered her home, threatened her with a knife, choked and hit her, rendering her unconscious, and then raped her. Richeryll corroborated this account, detailing how she witnessed the accused assault her mother. Medical examination confirmed physical injuries on Elsie consistent with the assault.
The defense interposed denial and alibi. Balano claimed he was at his employer’s house drinking with a group, which included Elsie’s husband, Alejandro, until 8:00 PM, and that he slept there due to heavy rain. He alleged Elsie filed the case out of spite because he had once slapped her, and that Alejandro had confided he caught Elsie with another man. Alejandro and Elsie refuted these claims on rebuttal.

ISSUE

Whether the guilt of the accused-appellant for the crime of rape was proven beyond reasonable doubt.

RULING

Yes, the Supreme Court affirmed the conviction. The Court found the testimonies of Elsie and her daughter to be credible, consistent, and sufficient to establish the elements of rape through force and intimidation. The trial court’s assessment of witness credibility is accorded great respect, as it is in a better position to observe demeanor. The defense of alibi was rightly rejected for being inherently weak and unsubstantiated by clear and convincing evidence; it could not prevail over the positive identification by the victim. The claim of ill motive was also insufficient to overturn the conviction, as no evidence supported the allegation that Alejandro condoned the rape or that Elsie fabricated the charge.
Regarding the penalty, the crime was committed under the 1997 Revised Penal Code, as amended by R.A. No. 8353, prior to the re-imposition of the death penalty. With no aggravating or mitigating circumstances, the penalty of reclusion perpetua was proper. The Court modified the damages, ordering the accused-appellant to pay civil indemnity of P50,000.00, in addition to the P50,000.00 moral damages and P20,000.00 exemplary damages awarded by the trial court, all in line with prevailing jurisprudence.