G.R. No. 89036 January 29, 1993
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JAIME MAGALLANES Y PACHO, accused-appellant.

FACTS

Lilian I. Malimban filed a complaint for rape on behalf of her five-year-old daughter, Leah I. Malimban, against appellant Jaime Magallanes y Pacho before the Regional Trial Court of Cavite City. The complaint alleged that on or about January 10, 1988, in Cavite City, the accused, through force and intimidation, had carnal knowledge of Leah against her will. Upon arraignment, appellant pleaded not guilty. The prosecution established that on the afternoon of January 10, 1988, Leah returned home to her mother’s market stall appearing strange. Later, her mother noticed blood where Leah was sitting. Upon examination, Leah’s private part was bloody, prompting them to rush her to Olivia Salamanca Hospital. Dr. Liza M. Santos examined Leah and found lacerations on her left labia majora and fourchette, and hematomas on her nape, cheek, and left breast, confirming sexual assault. Leah, while in the hospital, identified appellant Jaime Magallanes as her playmate and the one who molested her. During trial, Leah testified that appellant boxed her, pushed her, removed her shorts, and removed his own shorts, after which she fell asleep and knew nothing further. Appellant interposed the defense of alibi, claiming he was watching a movie at Cine Maria with his wife at the time. The trial court found appellant guilty beyond reasonable doubt of rape and sentenced him to reclusion perpetua.

ISSUE

The core issue is whether the trial court erred in convicting the accused-appellant based on the credibility of the prosecution witnesses, particularly the lone testimony of the five-year-old victim, and in rejecting the defense of alibi.

RULING

The Supreme Court AFFIRMED the trial court’s judgment, with the modification of increasing the indemnity to P50,000.00. The Court held that the trial court’s assessment of witness credibility is accorded great respect, as it is in a better position to observe the witnesses’ deportment. The defense of alibi was deemed weak and unconvincing, as the place of the crime (the city market) was just a short distance from Cine Maria, making it physically possible for the appellant to have committed the crime. The Court found the testimony of the victim, Leah, credible and consistent with her childhood innocence, and it was corroborated by the medical findings of Dr. Santos. The fact that Leah lost consciousness during the assault did not negate the occurrence of rape. The absence of spermatozoa or a broken hymen does not preclude a finding of rape. The victim’s positive identification of appellant, both in the hospital and in open court, was deemed sufficient to establish his guilt beyond reasonable doubt.