GR 138805; (February, 2001) (Digest)
G.R. No. 138805 . February 28, 2001.
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. EDGARDO MACEDA, accused-appellant.
FACTS
The prosecution established that on February 19, 1998, in Quezon City, accused-appellant Edgardo Maceda raped his neighbor, Maribeth Quinto, a 32-year-old mental retardate. Maribeth was alone in her house when Maceda knocked, entered, forced her to lie down, and had carnal knowledge with her against her will. She immediately reported the assault to her mother upon the latter’s arrival. A medico-legal examination revealed an abraded posterior fourchette, congested vestibule, and deep-healed hymenal lacerations, consistent with recent sexual intercourse. The defense presented an alibi, with Maceda and his witnesses testifying that he was asleep inside their locked house, which had a gatekeeper, at the time of the incident.
ISSUE
The core issue is whether the prosecution proved the guilt of the accused-appellant for the crime of rape beyond reasonable doubt, overcoming his defense of alibi and denial.
RULING
The Supreme Court affirmed the conviction but modified the penalty. The Court found the testimony of the victim, a mental retardate, to be credible and consistent. The law does not require the testimony of an imbecile to be perfect, only that it be credible. Her straightforward account of the rape was corroborated by her prompt complaint to her mother and the physical findings of the medico-legal officer. The defense of alibi was inherently weak and could not prevail over the positive identification by the victim. The Court ruled that for alibi to succeed, the accused must demonstrate not only his presence elsewhere but also the physical impossibility of being at the crime scene. This was not established, as the accused lived merely 35 meters away. However, the death penalty was reduced to reclusion perpetua. The information alleged rape by force and intimidation but did not specifically allege the victim’s mental retardation as a qualifying circumstance for the imposition of the death penalty under Article 266-B of the Revised Penal Code, as amended. The qualifying circumstance must be both alleged in the information and proved during trial. Consequently, the penalty was lowered to reclusion perpetua. The award of civil indemnity was also affirmed.