G.R. No. 183453 March 9, 2010
PEOPLE OF THE PHILIPPINES, Appellee, vs. DANILO PACULBA, Appellant.

FACTS

Appellant Danilo Paculba was charged with four counts of Qualified Rape (Criminal Case Nos. 21-1220, 21-1221, 21-1222, 21-1223) and one count of Attempted Rape (Criminal Case No. 21-1219) against his daughter, AAA, who was 12 years old at the time of the incidents. The rapes were alleged to have occurred in June, August, and November 2002, and January 2003. The attempted rape occurred on November 21, 2003. AAA testified that during the rapes, while she was sleeping at night, appellant would cover her mouth, remove her pants and panty, place himself on top of her, and insert his penis into her vagina, causing her pain. She did not initially report the incidents out of fear. On November 21, 2003, she resisted, pushed appellant away, and reported him to her grandmother, BBB. A medico-legal examination on November 3, 2003, revealed AAA’s hymen was severely lacerated (old), indicating past sexual intercourse. AAA’s birth certificate, presented by the Municipal Civil Registrar, identified appellant as her father. Appellant interposed alibi and denial, claiming he was elsewhere during the alleged incidents and that the cases were filed because his wife’s relatives blamed him for her death. The Regional Trial Court found appellant guilty of four counts of rape and one count of attempted rape, imposing the death penalty for each rape. The Court of Appeals affirmed the conviction but modified the penalty to reclusion perpetua without parole for each qualified rape and set an indeterminate penalty for the attempted rape. Appellant appealed, questioning AAA’s credibility, the discrepancy between the date of the attempted rape and the medico-legal exam, and the authenticity of the birth certificate.

ISSUE

Whether appellant’s guilt for the crimes of Qualified Rape and Attempted Rape has been proven beyond reasonable doubt.

RULING

Yes. The Supreme Court affirmed the decision of the Court of Appeals. The Court upheld the credibility of AAA’s testimony, which was found to be candid, consistent, and corroborated by the medico-legal findings of old hymenal lacerations. The testimony of a rape victim, if credible, is sufficient to sustain a conviction. The Court rejected appellant’s alibi as weak and unsubstantiated, noting it cannot prevail over the positive identification by the victim. The alleged discrepancy between the date of the attempted rape (November 21, 2003) and the medico-legal exam (November 3, 2003) was deemed inconsequential, as the exam was conducted after the series of rapes had already occurred. The Court also found the birth certificate, a public document, to be valid evidence of AAA’s age and filiation. Appellant was found guilty beyond reasonable doubt of four counts of Qualified Rape and one count of Attempted Rape. The penalties and damages imposed by the Court of Appeals were sustained.