G.R. No. 62116 March 22, 1990
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. MELQUIADES FERNANDEZ alias “Moding”, and FEDERICO CONRADO, defendants-appellants.

FACTS

The case involves the rape of Rebecca Soriano, a 15-year-old househelper, on January 13, 1982, in Barangay Taloy, Malasiqui, Pangasinan. The prosecution’s evidence established that after Rebecca finished bathing, accused-appellants Melquiades Fernandez and Federico Conrado, who are uncle and nephew, entered the bathroom. They tied a cloth around her neck to prevent an outcry, forcibly laid her down, and successively raped her. Fernandez raped her first, followed by Conrado. After the act, Fernandez smeared mud on her vagina. Rebecca immediately reported the incident to Amelita Malong, the daughter of her employer, who saw her naked with mud on her private parts and the cloth around her neck. They reported the crime to the police, and a medical examination confirmed hymenal lacerations and the presence of a dead sperm cell.
The defense of both accused was alibi. Fernandez claimed he was weaving baskets in his house, located 150 meters from the crime scene. Conrado alleged he was in Barangay Malimpuec, 9 kilometers away, spraying mango trees. The trial court found their alibi weak and unsubstantiated, giving full credence to the clear, positive, and straightforward testimony of the victim, which was corroborated by Amelita Malong and the medico-legal findings. The court convicted both accused of two counts of rape, aggravated by ignominy, and sentenced each to two death penalties.

ISSUE

The core issue on appeal, specifically for appellant Federico Conrado, is whether the trial court erred in convicting him based on the victim’s testimony and in imposing the death penalty.

RULING

The Supreme Court affirmed the conviction but modified the penalty. The Court upheld the trial court’s assessment of the credibility of the prosecution witnesses, particularly the victim. The testimony of a rape victim, especially a minor, is accorded great weight when given in a candid and straightforward manner. The medical evidence corroborated her account. The defense of alibi was correctly rejected as it could not prevail over the positive identification by the victim, and the distances cited by the appellants did not preclude their presence at the crime scene.
The act of smearing mud on the victim’s vagina after the rape was correctly considered as the aggravating circumstance of ignominy, which adds to the moral suffering and humiliation. Regarding the penalty, the Court noted that under Article 335 of the Revised Penal Code, when rape is committed by two or more persons, the penalty is reclusion perpetua to death. With the presence of the aggravating circumstance of ignominy, the greater penalty of death was originally applicable under Article 63. However, in line with the constitutional prohibition against the imposition of the death penalty, the Court modified the sentence. The two death penalties imposed on appellant Federico Conrado were reduced to two penalties of reclusion perpetua. The civil indemnity was increased to P20,000.00. The appealed judgment was thus affirmed with modifications.