GR 183456; (December, 2008) (Digest)
G.R. No. 183456 ; December 18, 2008
People of the Philippines, plaintiff-appellee, vs. Regino Tormis, accused-appellant.
FACTS
Accused-appellant Regino Tormis was charged with two counts of statutory rape committed against his own daughter, AAA, who was 11 years old at the time of the incidents on September 20, 1997, and December 25, 1997. The prosecution’s version, based primarily on AAA’s testimony, stated that on September 20, 1997, inside their house, the appellant tied AAA’s hands and legs, covered her mouth, and had carnal knowledge of her. On December 25, 1997, in a wooded area, the appellant again tied her hands, placed himself on top of her, and raped her. AAA disclosed the incidents in March 1999 to her cousin after her mother did not believe her, leading to a medical examination which revealed healed lacerations and a non-intact hymen. The defense presented alibi, claiming the appellant was in Manila working as a construction worker during the alleged incidents, and asserted that AAA’s allegations were instigated by her grandmother due to a strained relationship. The Regional Trial Court found the appellant guilty beyond reasonable doubt of two counts of statutory rape and initially imposed the death penalty for each count. The Court of Appeals affirmed the conviction but modified the penalty to reclusion perpetua for each count pursuant to Republic Act No. 9346 .
ISSUE
Whether the guilt of the accused-appellant for two counts of statutory rape was 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 straightforward and consistent on material points, detailing the rape incidents with clarity. The medical findings corroborated her account. The defense of alibi was rejected as it was not physically impossible for the appellant to be at the crime scene, and such defense cannot prevail over the positive identification by the victim. The delay in reporting the incidents was sufficiently explained by the victim’s fear of her father’s threats. The Court found the elements of statutory rape—sexual intercourse with a woman under 12 years of age—were conclusively established. The qualifying circumstances of minority and relationship were duly alleged and proven. The penalty was properly modified to reclusion perpetua for each count of rape in accordance with law.