GR 170473; (October, 2006) (Digest)
G.R. No. 170473 October 12, 2006
People of the Philippines, appellee, vs. Bernie Teodoro y Caparas, appellant.
FACTS
On October 1, 1999, five-year-old AAA was sleeping in her home in Pampanga when she was awakened by appellant Bernie Teodoro mounting her and inserting his penis into her vagina. Her scream alerted her aunt, BBB, who turned on the light and saw the appellant, half-naked, atop AAA inside the mosquito net. Appellant fled by jumping out the window. AAA complained of pain, and her aunt and grandmother observed swelling and redness in her genitalia. A subsequent medical examination revealed fresh abrasions and minimal bleeding, consistent with recent forced penetration.
The appellant denied the accusation, proffering an alibi that he was at his uncle’s house in a neighboring barangay at the time of the incident. He also challenged the credibility of the medico-legal officer who conducted the examination. The Regional Trial Court found him guilty of rape and imposed the death penalty, a decision affirmed by the Court of Appeals with modifications to the awarded damages.
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 but modified the penalty. The Court found the prosecution’s evidence, particularly the credible and categorical testimony of the child victim, AAA, to be overwhelming. The testimonies of eyewitnesses BBB and CCC, who positively identified the appellant at the scene, corroborated AAA’s account. The fresh physical injuries documented in the medico-legal report provided strong objective corroboration of the sexual assault.
The defense of alibi was correctly rejected. For alibi to prevail, the accused must demonstrate it was physically impossible for him to be at the crime scene. The appellant failed to do so, as the location of his alleged alibi was merely minutes away from the victim’s house. His alibi could not overcome the positive identification by multiple witnesses. The challenge to the doctor’s qualifications was also unavailing, as her findings were merely corroborative and the trial court found her competent to testify. Given the abolition of the death penalty by Republic Act No. 9346 , the Supreme Court modified the penalty to reclusion perpetua without eligibility for parole. The awards of civil indemnity and moral damages were affirmed.