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 accused, Melquiades Fernandez and Federico Conrado, were charged with the crime of rape committed against Rebecca Soriano, a 15-year-old househelper. The prosecution’s evidence established that on January 13, 1982, in Malasiqui, Pangasinan, the two accused surreptitiously entered the bathroom where the victim had just finished bathing. They tied a cloth around her neck to prevent an outcry, forcibly laid her down, and successively had carnal knowledge of her against her will. Immediately after the assault, Fernandez placed a handful of mud on her vagina. The victim promptly reported the incident to her employer’s daughter, Amelita Malong, who saw her naked with mud on her private parts. The crime was reported to the police, and a medical examination confirmed hymenal lacerations and the presence of a dead sperm cell.
In their defense, both accused interposed alibi. Fernandez claimed he was weaving baskets in his house approximately 150 meters away, while Conrado alleged he was in a different barangay, about nine 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’s testimony and the medico-legal findings. The court convicted both accused of two counts of rape, aggravated by ignominy due to the act of plastering mud, and imposed the death penalty on each.

ISSUE

The core issue on appeal, specifically for appellant Federico Conrado, was whether the trial court erred in convicting him based on the evidence presented 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 evidence, ruling that the positive identification by the victim, who had no motive to falsely accuse, prevailed over the weak and uncorroborated defense of alibi. The Court noted that the locations cited in the alibi were not so far as to preclude the accused’s presence at the crime scene. The act of placing 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 applied Article 335 of the Revised Penal Code, which prescribes reclusion perpetua to death when rape is committed by two or more persons. With the presence of the aggravating circumstance of ignominy and no mitigating circumstance, Article 63 dictates the imposition of the greater penalty. However, in line with the constitutional prohibition against the death penalty, the Court modified the sentence. The death penalties were reduced to two penalties of reclusion perpetua for appellant Conrado. The civil indemnity was also increased to P20,000.00 in accordance with prevailing jurisprudence. The judgment of conviction was thus affirmed with these modifications.