GR L 42660; (August, 1982) (Digest)
G.R. No. L-42660 August 30, 1982
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ARSENIO OLMEDILLO, accused-appellant.
FACTS
On December 2, 1972, fifteen-year-old Elsie Corre was walking home from school in Naga City when a man accosted, dragged, gagged, and tied her before raping her on a vacant lot. He threatened to kill her if she reported the incident. Elsie remained silent out of fear. Over four months later, in April 1973, her mother noticed Elsie’s physical changes and, upon insistence, Elsie revealed the rape. She stated she could identify the assailant by face and the location.
On the same day, while en route to the hospital for examination, Elsie pointed out the crime scene to her mother. At that moment, she saw Arsenio Olmedillo looking out a window of a nearby house and immediately identified him as her rapist. A medical examination confirmed Elsie’s pregnancy, and she later gave birth. During the preliminary investigation, the barrio captain testified that Olmedillo, through him, sought an amicable settlement, admitting intercourse and willingness to assume responsibility.
ISSUE
Whether the accused-appellant, Arsenio Olmedillo, was sufficiently identified as the perpetrator of the rape.
RULING
Yes, the Supreme Court affirmed the conviction. The defense of alibi was untenable as Olmedillo’s house was in close proximity to the crime scene. The Court found the testimony of the young victim credible, noting it was improbable for a teenager of low intelligence to fabricate such a grave charge and undergo the ordeal of a public trial if untrue. Crucially, Olmedillo’s own conduct through the barrio captain, seeking settlement and admitting carnal intercourse, constituted a tacit admission of guilt that conclusively established his identity as the rapist. His defense of impotency was not proven, as the examining doctor did not conclude he was sexually impotent and the legal presumption favors potency. The trial court’s assessment of the victim’s credibility and the corroborative physical evidence, including the subsequent birth of a child, supported the finding of guilt beyond reasonable doubt.