G.R. No. 176157 ; June 18, 2009
PEOPLE OF THE PHILIPPINES, Appellee, vs. ELPIDIO IMPAS y POLBERA, Appellant.

FACTS

On November 7, 1993, around 7:00 PM, appellant Elpidio Impas y Polbera was inside their house with his children: AAA (the victim, 11 years old), BBB (9 years old), CCC (7 years old), and DDD (5 years old). While watching television, appellant pulled AAA towards a room to look for his shorts. After she found them, he pulled her into the room again, removed her shorts and panty, and despite her resistance, boxed and pushed her onto a bed. He then laid on top of her, inserted his penis into her private part, and afterward told her not to tell anyone. AAA confided in her sister BBB, and they reported the incident to their mother, EEE, later that evening. A week later, AAA, accompanied by her aunt FFF, filed a complaint. A medico-legal examination on November 24, 1993, revealed healed hymenal lacerations and that AAA was eight to nine weeks pregnant. Appellant denied the charge, claiming he was in Quiapo, Manila, working as a stay-in plumber at the time, and attributed the accusation to a family misunderstanding. He also admitted being similarly charged and convicted for raping AAA in other RTC cases. The Regional Trial Court of Antipolo City, Branch 73, convicted him of simple rape and sentenced him to reclusion perpetua with ₱50,000 moral damages. The Court of Appeals affirmed the conviction but modified the damages, awarding ₱50,000 civil indemnity, ₱50,000 moral damages, and ₱25,000 exemplary damages.

ISSUE

Whether the appellant’s guilt for the crime of rape has been proven beyond reasonable doubt.

RULING

Yes, the appellant’s guilt was proven beyond reasonable doubt. The Supreme Court affirmed the conviction for simple rape but modified the damages by deleting the exemplary damages. The Court held that AAA’s categorical and straightforward testimony, corroborated by her sister BBB’s account, was sufficient to establish the rape occurred in November 1993. The testimony of a child victim is given full weight and credence. The Court found appellant’s defense of alibi weak against the positive identification and consistent narratives of the prosecution witnesses. However, the qualifying circumstances of minority and relationship, though potentially present, were not both alleged in the information and proved with certainty; thus, the conviction was properly for simple rape, not qualified rape. The awards of ₱50,000 civil indemnity and ₱50,000 moral damages were upheld as proper, but the ₱25,000 exemplary damages was deleted for lack of factual and legal basis.