GR 95319; (February, 1994) (Digest)
G.R. No. 95319 February 7, 1994
People of the Philippines, plaintiff-appellee, vs. Rodolfo Querido also known as Poldo Querido, accused-appellant.
FACTS
On October 13, 1982, at noontime, 13-year-old Eva R. Tabadero, a Grade IV pupil, was walking home from school in Barangay San Jose, Urdaneta, Pangasinan. Accused-appellant Rodolfo “Poldo” Querido, driving a tricycle, blocked her way, pulled out a balisong, forced her into the sidecar, and brought her to an old uninhabited house. There, he dragged her to a bamboo grove, threw her to the ground, stripped her, and, despite her shouts, kicks, and struggles, succeeded in having carnal knowledge with her against her will. He threatened to kill her if she told anyone. Eva revealed the rape to her mother only on October 16, 1982, when her parents returned home from selling vegetables. She was examined by a doctor, whose findings showed “no fresh lacerations except for seemingly old wounds.” A criminal complaint for rape was filed. The accused-appellant interposed an alibi, claiming he was driving his tricycle and eating lunch in the poblacion of Urdaneta, seven kilometers away, at the time of the incident. The trial court convicted him of rape and sentenced him to reclusion perpetua, plus indemnity and damages.
ISSUE
Whether the guilt of accused-appellant Rodolfo Querido for the crime of rape was proven beyond reasonable doubt.
RULING
Yes, the Supreme Court affirmed the conviction. The Court found the testimony of the victim, Eva Tabadero, to be credible, direct, firm, and unequivocal. It held that when a woman says she has been raped and her testimony meets the test of credibility, the accused may be convicted on that basis. The minor lapses in the victim’s statements (such as initially naming a different assailant) were explained by the fact that she was raped by multiple persons on different dates and were considered to buttress, rather than weaken, her credibility. The delay in reporting the incident was justified by the accused’s threats and the absence of her parents. The defense of alibi was rejected. The absence of physical injuries or an outcry does not negate rape, as submission can be achieved through force, threats, and intimidation, which were present as the accused wielded a balisong. The Court found no merit in the accused’s claim that the case was motivated by extortion. The decision of the trial court was affirmed in toto.
