G.R. No. 186461; July 5, 2010
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. SEVERIANO OGAN, Accused-Appellant.

FACTS

Accused-appellant Severiano Ogan, a police officer, was charged with two counts of rape against minors AAA (7 years old) and BBB (9 years old), his niece, in November 1998 in Tadian, Mountain Province. The prosecution established that on November 21, Ogan lured BBB into his kitchen and had carnal knowledge of her. The following day, he similarly abused AAA after having both girls wash themselves. The victims’ mothers learned of the incidents and reported them. Medical examinations confirmed hymenal lacerations consistent with sexual intercourse. The defense presented alibi, claiming Ogan was elsewhere or with family during the alleged incidents, and noted attempts at an amicable settlement.

ISSUE

The core issue is whether the prosecution proved Ogan’s guilt 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 the testimonies of the child victims, given in a categorical, straightforward, and consistent manner, are credible and sufficient to establish guilt. The defense of alibi is inherently weak and cannot prevail over the positive identification by the victims. The Court found no ill motive for the young complainants to falsely accuse their relative. The medical findings corroborated their accounts. The attempt to settle, evidenced by a promissory note, is an implied admission of guilt. The qualifying circumstance of the victim being under the custody of a law enforcement agent was not proven, as the relationship was familial, not custodial. However, the age of the victims and the use of force constituted statutory rape. The Court modified the awards, increasing civil indemnity, moral damages, and exemplary damages for each count to PhP 50,000, pursuant to prevailing jurisprudence, and affirmed the penalty of reclusion perpetua for each crime.