G.R. No. 80262 September 1, 1993
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. FERNANDO OCAMPO y CABRERA, accused-appellant.

FACTS

Accused-appellant Fernando Ocampo y Cabrera was charged with rape with homicide for the death of ten-year-old Evelyn Bildan on February 8, 1987, in Barangay Capalangan, Apalit, Pampanga. The information alleged that he had carnal knowledge of the victim against her will and, on the occasion thereof, inflicted fatal injuries causing her death. Upon arraignment, he pleaded not guilty. The Regional Trial Court convicted him and sentenced him to reclusion perpetua, ordering him to indemnify the victim’s heirs. He appealed, arguing the trial court erred in convicting him. The evidence established that the victim was 10 years old and accused-appellant was her uncle by affinity, living adjacent to her house. On the morning of February 8, 1987, the victim’s elder sister, Mary Jane Bildan, witnessed the crime. As she returned home, she saw accused-appellant ascending their house stairs. She stayed under the house and later heard a loud thud. Peeping through a hole in the door, she saw accused-appellant naked on top of her naked and unconscious sister, making coital movements. Mary Jane shouted for help, causing accused-appellant to jump out of the window naked, taking his clothes. He later returned and opened the door via a ladder through a window. Inside, Mary Jane and a cousin found Evelyn lifeless and naked, with discolorations on her stomach and nose. Post-mortem and autopsy reports confirmed sexual abuse and that the cause of death was asphyxia by strangulation. Accused-appellant assailed Mary Jane’s testimony as incredible, alleging she was prodded by relatives, and pointed to her delay in reporting the incident. He also argued his immediate return to the crime scene was incongruous with guilt and presented an alibi that he was playing cards at his house at the time.

ISSUE

Whether the trial court erred in convicting accused-appellant of rape with homicide based on the evidence presented.

RULING

The trial court did not err in convicting accused-appellant. The Supreme Court affirmed the conviction but modified the indemnity to P50,000.00. Mary Jane Bildan’s testimony was found candid, forthright, and credible. Her positive identification of accused-appellant as the perpetrator was reliable. The delay of four days in reporting the incident was satisfactorily explained by her fear of reprisal, which does not impair credibility. The trial court’s findings on witness credibility are accorded respect and should not be disturbed on appeal. Accused-appellant’s defense of alibi failed because it was not physically impossible for him to be at the crime scene, given his house was adjacent to the victim’s, and no corroborating witnesses were presented. His immediate return to the crime scene did not negate guilt, as culprits may return to feign innocence. The medico-legal evidence corroborated the rape and homicide.