G.R. No. 170567 November 14, 2008
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. CONRADO DIOCADO @ “Jun”, accused-appellant.

FACTS

On April 30, 1998, Conrado Diocado was charged with the rape of AAA, an 11-year-old girl, allegedly committed on February 7, 1998, in Masbate. The prosecution presented AAA, who testified that at about 5:00 p.m., while she was frying fish in their house, she went to the bathroom to urinate. Diocado, her mother’s live-in partner, followed her inside, armed with a knife. He threatened her with the knife, undressed her, made her bend forward, touched and fingered her vagina, and then inserted his penis. She felt pain and cried but could not shout or move because he held her waist and sometimes covered her mouth or threatened her with the knife. She noticed a white fluid came out from his penis. Afterward, he went upstairs, and she put on her clothes and returned to the kitchen, still crying. Dr. Artemio Capellan, who examined AAA, found old healed lacerations on her hymen, concluding her physical virginity was lost, consistent with penile penetration. The defense presented denial and alibi. Diocado claimed he was at his workplace, Circle E Lodging House and Restaurant, until past 6:00 p.m. on that day, and that AAA was not at home as she was doing laundry elsewhere. His wife, CCC, corroborated his alibi but admitted on cross-examination that AAA left home because she (CCC) did not believe AAA’s story of sexual abuse. The RTC found Diocado guilty beyond reasonable doubt of rape, sentenced him to Reclusion Perpetua, and ordered him to pay civil indemnity, moral damages, and exemplary damages. The CA affirmed the RTC decision.

ISSUE

Whether the RTC and CA erred in convicting Diocado based solely on the testimony of AAA and in finding him guilty beyond reasonable doubt of rape.

RULING

The Supreme Court DENIED the appeal and AFFIRMED Diocado’s conviction. The Court upheld the findings of the RTC and CA, giving great weight to the trial court’s assessment of witness credibility, especially in rape cases where often the only evidence is the victim’s testimony. The Court found AAA’s testimony straightforward, unshaken, and credible despite her tender age and rigorous cross-examination. Her testimony was consistent with the medical findings of Dr. Capellan, which confirmed penile penetration. The Court rejected Diocado’s defenses of denial and alibi, noting they were weak and unsupported by clear and convincing evidence, and that it was not physically impossible for him to be at the crime scene. The Court also found no improper motive for AAA to falsely accuse him. The penalty of Reclusion Perpetua and the awards of damages were affirmed.