G.R. No. 172118; April 24, 2007
PEOPLE OF THE PHILIPPINES, Appellee, vs. WARLITO C. FERNANDEZ, Appellant.

FACTS

On April 29, 1998, the victim, BBB, was asleep in her home with her eight-year-old daughter when they were awakened. Appellant Warlito C. Fernandez, armed with a short gun, entered the illuminated room. He immediately laid on top of BBB, poked the gun at her temple, pushed down her shorts with his foot, and had sexual intercourse with her. BBB did not resist out of fear for her and her daughter’s life. Her daughter witnessed the act. After the incident, BBB reported it to her husband upon his arrival, then to barangay officials the next day, and finally to the police on May 2, 1998, where she and her daughter executed sworn statements. A medical examination on May 5, 1998, revealed no physical injuries.
The appellant interposed the defense of denial and alibi, claiming he was at a political rally with BBB’s husband at the time of the incident. He suggested the charge was fabricated due to the husband’s suspicion of an affair between him and BBB. A defense witness initially testified that BBB came to her house that night claiming an unknown man entered her home, but later retracted parts of her statement.

ISSUE

Whether the prosecution proved beyond reasonable doubt the guilt of the appellant for the crime of rape.

RULING

Yes, the Supreme Court affirmed the appellant’s conviction. The Court emphasized that in rape cases, the credibility of the victim’s testimony is paramount. BBB’s positive, categorical, and consistent narration of the incident, corroborated by her daughter’s eyewitness account, was found credible and sufficient to establish the elements of rape through force and intimidation. The Court ruled that the victim’s failure to physically resist was justified by the reasonable fear instilled by the appellant, who was armed and threatened her life. The presence of her young daughter during the assault heightened this intimidation.
The defense of alibi was rejected as inherently weak and could not prevail over the positive identification by the victim and her daughter. The Court noted the appellant failed to prove it was physically impossible for him to be at the crime scene. The alleged motive for fabrication was deemed insufficient to overturn the consistent prosecution evidence. The medical finding of no physical injuries does not negate rape, as its absence is common, especially when submission is compelled by fear. The aggravating circumstance of dwelling was correctly appreciated. The conviction was upheld, and damages were awarded accordingly.