GR 139552; (April, 2001) (Digest)
G.R. No. 139552 May 24, 2001
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. REYNALDO REBATO, accused-appellant.
FACTS
The accused-appellant, Reynaldo Rebato, was charged with the rape of his nine-year-old stepdaughter, Jessabel Mitra, on December 11, 1997, in Bocaue, Bulacan. The prosecution presented Jessabel, who testified that she was awakened in their small house as her stepfather removed her clothing and his own, kissed her, and then had carnal knowledge of her. She felt pain and was threatened with death if she reported the incident. Three days later, she disclosed the rape to her mother, leading to a medical examination and the filing of a complaint. Dr. Manuel Aves, a medico-legal officer, confirmed recent sexual activity and multiple healed hymenal lacerations consistent with past sexual manipulation.
The defense presented an alibi, with Rebato claiming he was sleeping at his sister’s house in a different barangay at the time of the alleged crime. His sister, Teresita Belena, corroborated his presence but admitted on cross-examination that she was asleep from 8:00 p.m. to 5:00 a.m. and did not know what transpired in her house during those hours. The Regional Trial Court convicted Rebato of rape and imposed the death penalty, considering the qualifying circumstances of minority and relationship.
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 upheld the trial court’s assessment of Jessabel’s credibility, emphasizing that testimonies of child victims are given full weight and credit. The defense of alibi was correctly rejected as it was not physically impossible for Rebato to be at the crime scene, and such a defense cannot prevail over the positive identification by the victim. The Court ruled that the moral ascendancy of a stepfather over a young stepdaughter substitutes for the use of physical force, rendering resistance unnecessary. The qualifying circumstances of the victim’s minority (below twelve years of age) and her relationship to the offender as a stepdaughter were both proven. The birth certificate established her age as nine, and Rebato admitted to being her stepfather. These circumstances warranted the imposition of the death penalty under the law. However, the Court modified the civil liability, reducing moral damages to P50,000 and awarding civil indemnity of P75,000. The decision was affirmed with this modification.