GR 178067; (August, 2008) (Digest)
G.R. No. 178067 ; August 11, 2008
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ABDELKARIM AHMAD ALKODHA, accused-appellant.
FACTS
The accused-appellant, Abdelkarim Ahmad Alkodha, was charged with two counts of rape against AAA, whom he hired as a stay-in saleslady. AAA testified that on March 14, 2004, after being asked to care for the accused’s son and accompanying him on an errand, she was pulled into his room at night, physically overpowered, and raped. She was threatened with death if she reported it. The following night, March 15, she was again dragged into his room, assaulted, and raped. She managed to escape from the store on March 16 and reported the incidents to her aunt and the police. Medical examination by Dr. Joseph Palmero revealed a fresh hymenal laceration and abrasions compatible with recent sexual intercourse.
The defense presented an alibi. Accused-appellant claimed he was at a baptismal party and other locations during the evening of March 14, and that the rape on March 15 did not occur. He asserted that AAA fabricated the charges after he refused her request for a cash advance and reprimanded her for answering the store telephone. Supporting witnesses testified to his whereabouts.
ISSUE
The core issue is whether the prosecution proved the guilt of the accused-appellant for two counts of rape beyond reasonable doubt, overcoming his defense of alibi and denial.
RULING
The Supreme Court affirmed the conviction. The Court emphasized that in rape cases, the credibility of the complainant’s testimony is paramount. AAA provided a clear, consistent, and candid account of the two successive sexual assaults, including the details of force, intimidation, and the threats made against her. Her immediate escape and report to authorities, coupled with the medical findings, lent strong corroboration to her narrative. The defense of alibi was inherently weak and could not prevail over the positive identification by the victim. For alibi to succeed, the accused must demonstrate not only his presence elsewhere but also the physical impossibility of his being at the crime scene. The accused-appellant failed to establish this impossibility. Denial, like alibi, is a weak defense and cannot overcome positive testimony. The trial court’s assessment of witness credibility is accorded great respect, as it is in the best position to observe demeanor. Thus, the elements of rape through force and intimidation were proven beyond reasonable doubt for both counts.