GR 98007 08; (August, 1993) (Digest)
G.R. No. 98007 -08 August 5, 1993
People of the Philippines, plaintiff-appellee, vs. Necemio Joaquin y Gamboa, Jr., accused-appellant.
FACTS
Accused-appellant Necemio Joaquin was charged with rape in four separate cases, tried jointly. The first two were dismissed for insufficiency of evidence, but he was convicted in Criminal Case Nos. 7135-MN and 7136-MN. The complaining witness was his ten-year-old niece, Fairy Jane Bunag. She testified that on November 8 and 10, 1988, inside their house in Malabon, Metro Manila, her uncle entered her room around 10:00 PM while her parents were out, moved her younger sister to the upper bunk, and then raped her on the lower bunk, stifling her scream and threatening to kill her if she reported it. Her father learned of the incidents on November 16, 1988, from their housemaid, and Fairy Jane confirmed it. They reported to the police, and Fairy Jane was medically examined, confirming she was no longer a virgin. The defense was alibi, claiming he was in Antipolo on the dates in question, corroborated by his sisters and a friend. The trial court rejected the alibi and convicted him of two counts of rape.
ISSUE
Whether the trial court erred in convicting the accused-appellant of two counts of rape based on the evidence presented.
RULING
The Supreme Court affirmed the conviction. The Court found the testimony of the ten-year-old complainant to be sincere and straightforward. Her delay of six days in reporting was understandable given her age and the death threat. The proximity of the house to a police station and the presence of other persons in the house do not negate the possibility of rape. The medical evidence corroborated her loss of virginity. The defense’s theory that the charges were fabricated due to a family dispute over a fishpond was rejected as absurd, as no parent would willingly subject their child to such stigma for such a motive. The defense’s attacks on the credibility of the housemaids, including unsupported allegations of lesbianism, were unsubstantiated. The testimony of the complainant, supported by medical evidence, was sufficient to sustain conviction. The penalty of reclusion perpetua for each count was affirmed, with the modification that the appellant must indemnify the victim in the amount of P50,000.