GR L 45553; (October, 1982) (Digest)
G.R. No. L-45553 October 25, 1982
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. WILFREDO LISONDRA, accused-appellant.
FACTS
On January 26, 1976, eight-year-old Janilyn Diosana was gathering fruit near a church in General Santos City. A man approached, asked her to buy cigarettes, and then lured her away with a promise of a dress. He led her to a remote area near a camachile tree, where he undressed her, spat on her private part, and inserted his penis, causing laceration and bleeding. After the assault, he left. The weakened child found her way home and was rushed to the hospital, where medical examination confirmed deep vaginal lacerations consistent with rape.
Accused-appellant Wilfredo Lisondra, a 23-year-old parolee previously convicted of crimes against chastity, was charged with rape. The prosecution presented Janilyn, who positively identified Lisondra in court as her assailant. Her identification was corroborated by witnesses who saw her with a man matching Lisondra’s description on the day of the incident. The trial court convicted Lisondra and sentenced him to reclusion perpetua.
ISSUE
Whether the prosecution evidence sufficiently established the identity of Wilfredo Lisondra as the perpetrator of the rape.
RULING
Yes. The Supreme Court affirmed the conviction, holding that the prosecution evidence conclusively established Lisondra’s identity as the rapist. The Court emphasized the positive and categorical identification made by the victim, Janilyn Diosana, who was consistent in pointing to Lisondra as the man who abused her. Her testimony was clear and credible, detailing the events from the initial encounter to the sexual assault. The medical certificate corroborated her account of a violent penetration.
The Court rejected Lisondra’s defenses. His alibi that he was in a different barrio was worthless against the positive identification and was further weakened by the short distance and available transportation to the crime scene. The claim that a medical certificate described the rapist as a tricycle driver was dismissed as hearsay, which cannot prevail over direct testimony. Allegations of witness bias due to the influence of parish priests were found baseless, as there was no evidence the priests induced false testimony. The trial court’s assessment of witness credibility is accorded great respect, and no compelling reason existed to overturn its findings. The appealed judgment was affirmed in toto.