G.R. No. 167147 , August 3, 2005
PEOPLE OF THE PHILIPPINES, Appellee, vs. GENARO CAYABYAB y FERNANDEZ, Appellant.

FACTS

On August 7, 2001, six-year-old Alpha Jane Bertiz was at her Pasay City home caring for her siblings. Appellant Genaro Cayabyab, known to the victim as “Kuya Jimmy,” entered the house on the pretext of teaching arithmetic. He then forced her to lie down on a bed, removed her clothes and his own, and proceeded to have carnal knowledge of her. The victim cried in pain, causing the appellant to spray her with tear gas before fleeing. The victim immediately reported the assault to her mother upon her return. The incident was reported to barangay officials, and the victim was subjected to medical examinations at the Philippine Air Force General Hospital, the PNP Crime Laboratory, and the UP-PGH Child Protection Unit, which corroborated the sexual assault through findings of hymenal lacerations.
The appellant was charged with rape. During trial, he interposed the defenses of denial and alibi, claiming he was working as a tricycle driver until 7:00 p.m. and was later arrested at his home. The Regional Trial Court found the appellant guilty beyond reasonable doubt and, appreciating the qualifying circumstance of the victim’s minority, imposed the death penalty. The Court of Appeals affirmed the decision in toto, leading to this automatic review.

ISSUE

Whether the Court of Appeals erred in affirming the conviction of the appellant for the crime of rape.

RULING

The Supreme Court affirmed the conviction. The Court upheld the factual findings of the trial court, emphasizing the rule that the assessment of the credibility of witnesses is best undertaken by the trial judge who observed their demeanor. The victim’s clear, consistent, and categorical testimony, delivered in a straightforward manner, was found credible and sufficient to establish the elements of rape. Her testimony was powerfully corroborated by the medical findings of hymenal injuries. The Court reiterated that the testimony of a child-victim of rape, given in a candid and unflinching manner, is accorded full weight and credit.
The defenses of denial and alibi were correctly rejected. The Court ruled that such defenses are inherently weak and cannot prevail over the positive identification made by the victim. Alibi must be supported by clear and convincing evidence that the accused was so far away that he could not have been physically present at the scene of the crime, which the appellant failed to demonstrate. The qualifying circumstance of minority was duly proven through the victim’s birth certificate, warranting the imposition of the supreme penalty under the law at the time. The penalty of death was thus affirmed, with modifications to the awarded damages.