G.R. No. 96009 September 15, 1993
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. EDMUND EMPLEO Y MAQUILAN, accused-appellant.

FACTS

On March 14, 1989, at about 8:00 p.m., private complainant Elisa Cordova, a 16-year-old student, was with friends at Top Hills in Lahug, Cebu City. Three men approached them. Accused-appellant Edmund Empleo dragged Cordova at gunpoint about 24 meters away into the bushes. She resisted, pushing, kicking, and striking him with a stone. Empleo boxed her in the abdomen, causing her to lose consciousness. When she regained consciousness, her skirt was raised, her panty removed, and she felt pain in her vagina. After Empleo left, she was assisted to a house and later taken to the Cebu City Medical Center. Medical examinations revealed hyperemia and sand particles in her genitalia, an old hymenal laceration, and multiple fresh abrasions on her body consistent with being forcibly laid on a rough surface. One of her companions, Collen Parreño, corroborated the account, stating they were held by the men, she witnessed Empleo drag Cordova away and force her to lie down, and they were later untied. The defense presented an alibi, with Empleo claiming he was at a friend’s house drinking from 6:00 p.m. to 9:40 p.m. that evening and then went straight home. The trial court found him guilty of rape and sentenced him to reclusion perpetua.

ISSUE

Whether the trial court erred in finding accused-appellant Edmund Empleo guilty beyond reasonable doubt of the crime of rape based on the testimonies of the complainant and her witness.

RULING

No, the trial court did not err. The Supreme Court affirmed the conviction. The Court held that the testimonies of the complainant, Elisa Cordova, and her corroborating witness, Collen Parreño, were credible, straightforward, and consistent. The medical findings corroborated the complainant’s account of a violent sexual assault. The defense of alibi was inherently weak and could not prevail over the positive identification by the prosecution witnesses. The Court found no improper motive for the witnesses to falsely accuse the appellant. The penalty of reclusion perpetua and the award of indemnity were affirmed.