G.R. No. L-43783 September 30, 1982
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. WILLIAM BOKINGKITO TERANO, defendant-appellant.

FACTS

The appellant, William Bokingkito Terano, was charged with the rape of eight-year-old Vivian Luana in the early morning of January 1, 1976, in General Santos City. The prosecution evidence established that the victim was sleeping in her home when the appellant, armed with a kitchen knife, awakened her, slashed her clothing, and succeeded in having sexual intercourse with her despite her resistance, which caused her to bleed profusely. The victim immediately reported the assault to her mother upon her arrival hours later, describing her assailant as having a facial scar. Medical examination confirmed recent sexual assault, showing fresh bleeding and multiple hymenal lacerations. The victim positively identified the appellant in a police lineup.
The defense interposed alibi and denial. Appellant claimed he was in Davao City from the afternoon of December 31, 1975, until the early morning of January 1, 1976, drinking with an acquaintance, and thus could not have been at the crime scene. The trial court convicted the appellant of rape and sentenced him to reclusion perpetua, with damages.

ISSUE

Whether the trial court erred in convicting the appellant based on the evidence presented, notwithstanding his defense of alibi and the alleged inadmissibility of his written confession.

RULING

The Supreme Court affirmed the conviction. The Court held that even if the appellant’s written confession were disregarded on constitutional grounds, the remaining evidence overwhelmingly established his guilt beyond reasonable doubt. The victim’s testimony, given by a child of tender age, was clear, credible, and consistent. She withstood rigorous cross-examination and provided a detailed account of the assault, including her positive identification of the appellant in court. Her testimony was corroborated by the medical findings of Dr. Jose Alvarado, which objectively confirmed a recent sexual assault.
The defense of alibi was correctly rejected. For alibi to prevail, it must be shown that the accused was so far away that it was physically impossible for him to have been at the scene of the crime. The appellant’s claimed whereabouts in Davao City did not constitute such physical impossibility, as travel between Davao and General Santos City was feasible within the timeframe. The trial court found the alibi weak and unworthy of belief, noting inconsistencies in his narrative. Between the positive identification by the victim and the improbable alibi, the former must prevail. The trial court’s factual findings, especially on the credibility of witnesses, are accorded great weight and respect.