GR 85186; (December, 1992) (Digest)
G.R. No. 85186, December 1, 1992
People of the Philippines, plaintiff-appellee, vs. Camilo Abarquez y David, accused-appellant.
FACTS
The accused-appellant, Camilo Abarquez, was convicted by the Regional Trial Court of Batangas City for the crime of abduction with rape and sentenced to reclusion perpetua. The complainant, Carolina Abanto, was thirteen years old at the time of the incident on October 22, 1978, in Bauan, Batangas. She testified that she was sleeping in her uncle’s house when she was abducted, carried out while her mouth was stuffed with a t-shirt, and brought to a clearing near a banana grove about one hundred meters away. She awoke there and was allegedly raped by Abarquez, who brandished a knife, forcibly undressed her, inserted his fingers into her vagina, choked her, boxed her breast, and succeeded in sexual penetration. Afterward, she escaped when Abarquez went to look for her slippers and ran to her uncle’s house. She was immediately brought to the Medicare Hospital, where Dr. Boanejes Anis examined her and found a freshly lacerated hymen and bruises on her back and neck. Carolina described her attacker to the police. When presented with several men matching the description, she positively identified Abarquez at the hospital. A medical examination of Abarquez revealed the presence of trichomonas vaginalis microorganisms in his fingernails. The defense consisted of denial and alibi, with Abarquez claiming he was serenading a girl and asleep at home during the incident, supported only by his father’s testimony, which admitted he did not know if Camilo left later that night. The prosecution also presented Carolina’s uncle, Benedicto Pasaol, who testified he saw two figures in the clearing, one of whom he recognized as Abarquez fleeing.
ISSUE
Whether the guilt of the accused-appellant for the crime of abduction with rape has been proven beyond reasonable doubt.
RULING
Yes, the Supreme Court affirmed the conviction. The Court found no reason to reverse the trial court’s decision, holding that the prosecution proved Abarquez’s guilt beyond reasonable doubt. Carolina’s testimony was forthright, positive, and credible, corroborated by medical evidence of defloration and the presence of trichomonas vaginalis in Abarquez’s fingernails. Her identification of Abarquez was consistent and without malicious motive. The defense of denial and alibi was weak, uncorroborated, and failed to demonstrate the impossibility of Abarquez being at the crime scene. The Court also found the uncle’s corroboration unnecessary as the case was strong based on Carolina’s testimony and medical evidence alone. The appealed decision was affirmed, and the appeal was dismissed.
