G.R. No. 145338 ; June 9, 2003
THE PEOPLE OF THE PHILIPPINES, Appellee, vs. ZALDY LABIANO y PAGTAN, Appellant.

FACTS

Appellant Zaldy Labiano was charged with rape for allegedly having carnal knowledge of complainant Soledad Dilem through force and intimidation on December 18, 1994, in Baguio City. At trial, Soledad testified that she was alone in her rented room around 2:00 AM when she was awakened by a man entering through her window. The room was illuminated by moonlight. The man held her hands, poked a knife at her neck, and threatened to kill her if she resisted. He then removed her clothing and his own, and proceeded to have sexual intercourse with her. Soledad stated she looked at his face intently during the ten-minute ordeal and recognized him as Zaldy Labiano, a fellow resident of Sanitary Camp. After the act, he warned her not to report the incident. She later reported the rape to a friend and authorities, and a medical examination confirmed the presence of sperm cells.
The defense presented an alibi. Labiano claimed he was at home caring for his children at the time of the alleged crime. Barangay Captain Esteban Rifani testified that Soledad reported the rape on December 17, not the 18th, and could not initially identify her assailant. Other defense witnesses, including Labiano’s live-in partner, corroborated his alibi and suggested inconsistencies in the complaint’s timeline.

ISSUE

The core issue is whether the prosecution proved beyond reasonable doubt that appellant Zaldy Labiano committed rape through force and intimidation.

RULING

The Supreme Court affirmed the conviction. The Court upheld the trial court’s assessment of Soledad’s credibility, emphasizing that such factual findings are generally binding on appeal absent any overlooked material fact. Soledad’s testimony was straightforward and detailed. She positively identified Labiano as her assailant, having clearly seen his face under the moonlight during the prolonged assault. The Court found no ill motive for her to fabricate such a grave charge, which would subject her to public scrutiny.
The defense of alibi was rejected. For alibi to prevail, the accused must prove not only his presence elsewhere but also the physical impossibility of being at the crime scene. This was not established, as both parties resided in the same area, Sanitary Camp. Alibi cannot prevail over positive identification. The medical finding of sperm cells corroborated the recent sexual contact. The element of force and intimidation was proven by the use of a knife to subdue the victim. The penalty of reclusion perpetua was proper as the crime was committed with a deadly weapon and no modifying circumstances were present. The civil indemnity was modified to P50,000.00, in line with prevailing jurisprudence, in addition to P50,000.00 moral damages.