Case Digest (G.R. No. 84729)
Facts:
The People of the Philippines v. Wilfredo Albarillo, G.R. No. 84729, July 30, 1990, the Supreme Court Third Division, Cortes, J., writing for the Court.Appellant Wilfredo Albarillo was charged in an information dated March 25, 1986 with rape alleged to have occurred on January 14, 1986 at about 7:00 a.m. in Sitio Ibuye, Barangay Calsapa, San Teodoro, Oriental Mindoro. Upon arraignment on April 30, 1986, Albarillo pleaded not guilty and trial followed.
The prosecution’s case rested primarily on the testimony of the offended party Melinda Cuaresma, who testified that while gathering fern tops she was accosted by appellant, forced to lie on the ground, threatened with death if she cried out, had her panties removed, was penetrated despite her struggle, and afterward ran home to her mother. Her mother Lucita Saramusing corroborated that Melinda arrived pale, trembling and crying. The police interviewed them and referred Melinda for medical examination. Dr. Arturo Alberto, who examined Melinda on January 15, 1986, recorded contusions and hematomas and noted fresh lacerations of the hymen at 5 and 7 o’clock and that the vaginal canal admitted two fingers with least resistance; the vaginal smear, however, showed no spermatozoa.
Appellant’s defense was alibi and denial. He testified he was at work as a laborer on the Bisay-an Bridge in Barangay Villaflor on the morning in question and introduced daily time sheets and testimony of the project engineer and co‑workers to support that he reported for work that day. He also produced testimony that he first learned of the charge on January 16, 1986.
The Regional Trial Court of Oriental Mindoro, Branch XXXIX, rendered judgment on June 10, 1988 finding appellant guilty beyond reasonable doubt of rape under Article 335 of the Revised Penal Code and sentenced him to reclusion perpetua and ordered indemnity of P20,000.00. ...(Subscriber-Only)
Issues:
- Was appellant guilty beyond reasonable doubt of the crime of rape as charged? ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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