GR 79679; (March, 2000) (Digest)
G.R. No. 79679 ; March 28, 2000
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ENRIQUE CABINGAS and REYNALDO DANTE ELLEVERA, accused-appellants.
FACTS
The case stemmed from an Information charging appellants Enrique Cabingas and Reynaldo Dante Ellevera, along with a John Doe, with the rape of Susannah Joy S. Salvaña, a mentally deranged woman, one night in March 1980 in Jasaan, Misamis Oriental. The prosecution established that the victim, then 14 years old and mentally deficient, was tending a family store when Cabingas and an unidentified companion dragged her to a nearby area where Ellevera was waiting. Ellevera then forcibly had sexual intercourse with her. The victim initially did not report the incident due to threats from Ellevera. Her pregnancy was later discovered by her mother, prompting the victim to reveal the rape. A medical examination confirmed her pregnancy and mental deficiency. She subsequently gave birth to a child.
The defense consisted of denial and alibi. Both appellants, who lived near the victim, claimed they could not have committed the crime. Ellevera asserted he was at home throughout March 1980, while Cabingas alleged that the victim’s parents attempted to extort money from him to testify against Ellevera. The Regional Trial Court found Ellevera guilty as principal and Cabingas as an accomplice, sentencing them to reclusion perpetua and an indeterminate penalty, respectively, and ordering them to pay moral damages.
ISSUE
The core issue is whether the guilt of appellants for the crime of rape was proven beyond reasonable doubt.
RULING
The Supreme Court affirmed the conviction with modification. The Court upheld the trial court’s assessment of the victim’s credibility. It ruled that the victim’s mental deficiency did not impair her credibility but instead bolstered it, as it made her incapable of fabricating a story of such gravity. The Court emphasized that testimonies of child victims are given full credence. The defense of alibi was rejected for being inherently weak and unsubstantiated by proof of physical impossibility to be at the crime scene. The positive identification by the victim prevailed over such defenses.
Regarding Cabingas’ liability, the Court affirmed his conviction as an accomplice. His act of dragging the victim to the location where Ellevera was waiting constituted indispensable cooperation, facilitating the commission of the rape without directly participating in the carnal act itself. The penalty for Cabingas was thus correctly imposed under the Indeterminate Sentence Law. The Court modified the award of damages, increasing the civil indemnity and moral damages to P50,000.00 each for Ellevera, totaling P100,000.00, in line with prevailing jurisprudence. The decision of the trial court was affirmed with this modification.