GR 26977; (September, 1970) (Digest)
G.R. No. L-26977 September 30, 1970
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. DOMINADOR CELIS @ ADOR, defendant-appellant.
FACTS
The accused-appellant, Dominador Celis, was convicted of rape against Victoria Guanzon, an eleven-year-old victim. The incident occurred on July 19, 1965, in Sevilla, Atlag, Malolos, Bulacan. The accused, a neighbor and fourth-degree cousin of the victim’s father, had his wife ask the victim to fetch water. Afterwards, he asked her to enter a room to get a comics magazine. He followed, closed the door, covered her mouth, forced her onto a bed, removed her panties, and succeeded in having carnal knowledge of her despite her struggles. He threatened to kill her if she told anyone. The accused repeated the act on three subsequent occasions. The crime was discovered when the victim’s parents became suspicious due to her having money and difficulty urinating. She was examined by Dr. Lydia V. Camanga, who found multiple healed hymenal lacerations, though the labia were intact and spermatozoa were negative. The accused denied the charges, presenting an alibi that he was in another place during that week and alleging that the perpetrator was the victim’s own father.
ISSUE
Whether the lower court erred in convicting the accused based on the credibility of the victim’s testimony and in rejecting the accused’s defense of alibi and imputation that the victim’s father was the perpetrator.
RULING
The Supreme Court affirmed the conviction. The testimony of the eleven-year-old victim was clear and credible, and the medical findings corroborated her account. The Court held that a child witness is competent if able to perceive and relate events coherently, which the victim demonstrated. The defense of alibi was unpersuasive and could not overcome the positive identification by the victim. The imputation against the victim’s father was deemed incredible. Under Article 335 of the Revised Penal Code, carnal knowledge of a woman under twelve years of age constitutes rape, regardless of force or intimidation. The penalty of reclusion perpetua and indemnity were upheld.