Case Digest (G.R. No. 115079)
Facts:
People of the Philippines v. Francisco Albior y Gebao, G.R. No. 115079, February 19, 2001, the Supreme Court Second Division, Quisumbing, J., writing for the Court.The case arose from an Information charging Francisco Albior y Gebao (accused-appellant) with rape of Lorena Tolentino y Bacatano (the private complainant), an 11‑year‑old minor, allegedly committed on or about April 7, 1993 in Quezon City. On arraignment the accused pleaded not guilty and the case proceeded to trial in the Regional Trial Court (RTC) of Quezon City. The RTC trial produced testimony from the victim, her sister Marilou (also referred to as Malou Avillano), neighbors, and medical‑legal evidence; the accused and the victim’s mother testified for the defense.
Lorena testified that the accused, her mother's live‑in partner, repeatedly raped her—at least five times—and on April 7, 1993 forced sexual intercourse at knife‑point and threatened to kill her. Marilou testified to having seen the accused on top of Lorena and later being threatened with a bladed weapon when she confronted him. The medico‑legal report (whose contents the accused admitted) indicated that Lorena was no longer a virgin when examined April 10, 1993; the prosecution dispensed with live testimony of the medico‑legal officer. The accused denied the allegations, claiming he was at home with family members and asserting the charges were fabricated by Marilou after a prior altercation; Lorena’s mother testified for the defense that Lorena’s complaints were false.
On March 15, 1994, the RTC found the accused guilty beyond reasonable doubt of rape and sentenced him to reclusion perpetua and ordered payment of P50,000 as moral damages (dispositive portion quoted below). The accused appealed to the Supreme Court, challenging the sufficiency and credibility of the prosecution’s evidence and pointing to alleged inconsistencies in Lorena’s testimony and the lack of conclusive physical evidence (absence o...(Subscriber-Only)
Issues:
- Did the trial court err in convicting the accused despite alleged inconsistencies in the victim’s testimony and lack of conclusive physical evidence?
- If conviction is affirmed, should the award of civil damages be modified to include ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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