G.R. Nos. L-68265-66, August 2, 1990
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. FELIPE MARAPAO and CESAR RELIVO, defendants-appellants.

FACTS

Accused-appellants Felipe Marapao and Cesar Relivo, security guards, were convicted of rape in two separate cases by the Court of First Instance of South Cotabato. The charges stemmed from incidents on the evening of June 10, 1979, in Barrio Linek, Kiamba. Prosecution evidence established that appellants, armed with rifles, accosted complainants Hebelen Tanedo and Anita Insan, both T’boli women, who were waiting for Tanedo’s husband. Through force, intimidation, and death threats, Relivo raped Tanedo while Marapao simultaneously raped Insan in a nearby grassy area. The victims reported the crime to their families and authorities shortly thereafter.
The defense relied on alibi and denial. Appellants claimed they were on duty at their assigned security post approximately 40 meters from the crime scene. Their supervisor testified he frequently checked their presence via telephone and a detex clock system during the relevant hours. They asserted they merely encountered the women earlier, advised them to leave the area, and then returned to their post, suggesting the charges were fabricated due to the husband’s alleged grudge against their employer.

ISSUE

The core issue is whether the prosecution proved the guilt of the appellants beyond reasonable doubt, overcoming their defenses of alibi and denial and establishing the essential elements of rape.

RULING

The Supreme Court affirmed the convictions but modified the penalty and damages. The Court found the prosecution’s evidence, primarily the positive and categorical testimonies of the victims, to be credible and sufficient. The legal logic centered on the weakness of the defense against positive identification. For alibi to prevail, it must be demonstrated that it was physically impossible for the accused to be at the crime scene. Here, the defense failed this test, as the appellants’ own evidence placed their guard post a mere 40 meters away, making it not only possible but easy for them to have committed the crimes and returned. The defense’s theory of fabrication was rejected for lack of credible motive; the Court noted the victims voluntarily underwent medical examination and trial, acts inconsistent with a contrived accusation.
The Court also dismissed the argument that nighttime prevented identification, ruling that natural illumination (moon and stars) and the proximity during the assault allowed for recognition. Furthermore, the victims later identified the appellants at their workplace. The Court emphasized that the protection of laws against rape extends equally to all women, including indigenous T’boli complainants. Consequently, the trial court’s findings were upheld. The penalty was reduced to reclusion perpetua in line with the 1987 Constitution , and civil indemnity was increased to P20,000.00 for each victim.