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 convicted of rape and sentenced to death by the Regional Trial Court. The information alleged that on December 11, 1997, in Bocaue, Bulacan, Rebato, the stepfather of the nine-year-old complainant Jessabel Mitra, had carnal knowledge of her through force and intimidation. At trial, Jessabel testified that she was awakened in their small house as Rebato removed her clothing and his own, kissed her, and inserted his penis into her vagina, causing pain and prompting her to cry. He threatened to kill her if she reported the incident. Medical examination confirmed recent sexual activity and past healed lacerations. Jessabel also revealed seven prior instances of abuse.
Rebato interposed the defense of alibi, 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 she was asleep between 8:00 p.m. and 5:00 a.m. and did not know what transpired during those hours. The trial court found Jessabel’s testimony credible and rejected the alibi for being self-serving and not demonstrating the physical impossibility for Rebato to have been at the crime scene.

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 of rape are given full weight and credit. The Court found her account of the incident, delivered in a straightforward manner, to be credible and consistent. It ruled that her failure to shout or offer vigorous physical resistance was inconsequential, as Rebato, being her stepfather, exercised moral ascendancy and parental authority over her, which subdued her into submission. His threat to kill her further explained her passive reaction.
The defense of alibi was correctly dismissed. For alibi to prosper, the accused must demonstrate not only his presence elsewhere but also the physical impossibility of his being at the locus criminis. Rebato failed to do so, as the distance between the two locations—a 30-minute jeepney ride—did not preclude his presence at the crime scene. His alibi, uncorroborated by credible evidence, could not prevail over Jessabel’s positive identification. The qualifying circumstances of minority (the victim being nine years old) and relationship (stepfather-stepdaughter) were duly proven, warranting the imposition of the death penalty under the law. The Court modified the civil liability, awarding P75,000 as civil indemnity and P50,000 as moral damages.