G.R. No. 177563 October 10, 2008
PEOPLE OF THE PHILIPPINES, appellee, vs. DIOSDADO BALOBALO, appellant.

FACTS

Appellant Diosdado Balobalo was charged with two counts of Rape (Criminal Case Nos. RTC’98-300 and RTC’98-302) and one count of Attempted Rape (RTC’98-301) before the Regional Trial Court of Calabanga, Camarines Sur. He was acquitted in the second and third cases but convicted in Criminal Case No. RTC’98-300, leading to the present appeal. The Information alleged that on or about 1:00 a.m. on January 16, 1997, in Barangay Salvacion Baybay, Calabanga, Camarines Sur, appellant, by means of force, threat, and intimidation, had carnal knowledge with his 12-year-old daughter, AAA, against her will. The victim, AAA, testified that she was awakened by appellant caressing her leg; he instructed her to transfer to his room. There, he caressed her breasts, removed her jogging pants, mounted her, inserted his penis into her vagina, and made push-and-pull movements. Afterward, he warned her not to reveal the incident to her mother, BBB. AAA confided in her cousin CCC, who later informed her uncle DDD. On May 4, 1998, AAA was medically examined by Dr. Salvacion Pantorgo, who found old multiple hymenal lacerations consistent with sexual intercourse. BBB, AAA’s mother and appellant’s common-law wife, identified AAA’s birth certificate showing appellant as the father. Appellant denied the charges, claiming alibi that he was with a fellow sales agent, Jesus Tible Jr., at a prospective client’s house from 8:00 p.m. on January 15, 1997, until 2:00 a.m. on January 16, 1997. He insinuated that AAA was influenced by her mother and uncle to file the charges after learning of his plan to marry another woman. Jesus Tible Jr. corroborated appellant’s alibi. Appellant’s mother, EEE, testified she was at appellant’s residence on January 16, 1997, to care for the children, and that appellant was with Jesus Tible Jr. in the third week of February 1997. Appellant’s sister, Joy Babiera, claimed AAA confided that she was not raped and the charges were fabricated by BBB and DDD. The trial court convicted appellant of rape in Criminal Case No. RTC’98-300, sentencing him to death and ordering him to pay indemnity and damages. The Court of Appeals affirmed the conviction but modified the penalty to reclusion perpetua due to Republic Act No. 9346 .

ISSUE

1. Whether the trial court erred in finding appellant guilty beyond reasonable doubt of rape.
2. Whether the trial court erred in giving credence to the inconsistent and incredible testimonies of prosecution witnesses.
3. Whether the trial court erred in not considering the defense of alibi interposed by appellant.

RULING

The Supreme Court affirmed the conviction. The Court held that the prosecution proved appellant’s guilt beyond reasonable doubt. AAA’s testimony, corroborated by the medical finding of old hymenal lacerations, established the fact of penetration, which is essential for rape. The Court emphasized that the mere touching of the labia or pudendum by the phallus is enough to consummate rape. AAA’s testimony during the preliminary examination, when read in its entirety, indicated penetration, as she felt pain and had a wound near the rectum. The medical examination, conducted over a year after the incident, remained significant, as healed lacerations do not negate rape. The Court deferred to the trial court’s assessment of witness credibility, finding no compelling reason to overturn it. Appellant’s alibi was weak and uncorroborated by the alleged client, Augusto Tible. The insinuation of fabrication by AAA’s mother and uncle was unsubstantiated. The penalty was properly modified to reclusion perpetua, and the awards of civil indemnity, moral damages, and exemplary damages were affirmed. The Court modified the damages, increasing the civil indemnity to P75,000 and moral damages to P75,000, and awarding P25,000 as exemplary damages.