GR L 45436; (September, 1982) (Digest)
G.R. No. L-45436 September 30, 1982
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JOSE PON-AN, defendant-appellant.
FACTS
On April 6, 1975, in Bugasong, Antique, seven-year-old Josie Tayam was playing near her grandmother’s house. The accused, Jose Pon-an, approached her, gave her money, and asked her to buy cigarettes from a nearby store. After she returned with the cigarettes, Pon-an took her to a nipa swamp. There, he removed her panty and his pants, and while both were squatting, inserted his penis into her vagina. Josie cried in pain, and a white substance dropped onto her thigh. She later washed at a river and went home, where she immediately reported the assault to her grandmother and mother. A medical examination that evening by Dr. Evelyn Rivero revealed a ruptured hymen and slight swelling of the vulva, findings consistent with sexual intercourse.
The defense presented an alibi, with Pon-an claiming he was at home with his brother-in-law at the time. He admitted asking Josie to buy cigarettes and embracing and kissing her out of loneliness, but vehemently denied rape. He suggested the charge was motivated by extortion, alleging the family demanded money from him.
ISSUE
Whether the guilt of the accused for the crime of rape was proven beyond reasonable doubt.
RULING
Yes. The Supreme Court affirmed the conviction. The Court upheld the trial court’s assessment of the credibility of witnesses, particularly the straightforward and consistent testimony of the seven-year-old victim, which withstood rigorous cross-examination. The medical findings, while not exclusively conclusive of rape, corroborated the victim’s account. The Court found the defense of alibi weak and the extortion motive illogical, as the accused himself testified that the complainant’s family knew he was destitute. The non-presentation of the blood-stained panty was not fatal, as the testimony about it was clear and the evidence was deemed merely corroborative. The Court emphasized that the trial court’s factual findings, based on its direct observation of witness demeanor, are entitled to great respect. All elements of rape under Article 335 of the Revised Penal Code were sufficiently established by the prosecution.