G.R. No. 126169 - People vs. Geromo

APOLINARIO GEROMO, the accused-appellant, was the stepfather of MARLYN CALAGO, the victim.
The household consisted of Crispina Geromo y Calago (Marlyn’s mother), APOLINARIO as her husband, and the children born of their union, with Marlyn having been living with them since APOLINARIO married Crispina on 5 July 1988.

On 20 May 1992, at about 10:00 a.m., while Crispina was out and the younger siblings were still asleep, APOLINARIO allegedly used a hunting knife to threaten Marlyn at their residence in Sitio Tolingon, Barangay Binobohan, Guihulngan, Negros Oriental.
Marlyn, then thirteen years old, was awakened by the cold steel of the weapon and saw APOLINARIO pointing the knife at her.
Despite her attempt to resist, APOLINARIO overpowered her; he undressed her and committed carnal knowledge via violence and intimidation.
The assault was not an isolated incident but occurred repeatedly on that day—reportedly, the victim was abused five times before the day ended.
APOLINARIO made explicit threats to Marlyn, warning her that any complaint would result in her death.

Marlyn suffered a hemorrhage on 14 December 1992, owing to an involuntary abortion, which compelled her to confide the details of the assault to her mother, Crispina.
Even though there were delays in reporting the incident due to the threat and fear instilled in her, both victim and mother subsequently testified regarding the events.
Medical examination at Guihulngan District Hospital confirmed her aborted condition and her pregnancy, supporting her account of the rape.

He was absent from Binobohan, Guihulngan, on the day of the crime, asserting that he was in Labangon, Cebu City from 2 April 1992 until his return on 3 April 1993.
His selective memory and the alleged presence in Cebu were used to explain discrepancies in his recollection, particularly acknowledging a voting trip to Guihulngan for the May 1992 elections.

He maintained that Crispina’s testimony against him was motivated by personal grievances, alleging that her insinuation of his infidelity was driven by jealousy and a desire for vindication.

The Regional Trial Court of Dumaguete City, Branch 44, in Criminal Case No. 941-G, found that:

The lone testimony of Marlyn, despite inconsistencies, was credible given the inherent modesty of Filipino women and the psychological trauma involved.
APOLINARIO’s alibi defense was unconvincing, particularly since he admitted to being in Guihulngan during the period in question.
The evidence, though largely testimonial, sufficiently established APOLINARIO’s guilt beyond reasonable doubt.
Although APOLINARIO claimed inconsistencies in dates (23 September 1992 versus 20 May 1992) and argued the improbability of committing the rape in a one-room shack with children present, the testimonies and corroborative circumstances (such as the voting incident and subsequent clarificatory hearing) resolved these issues in favor of the prosecution’s account.

Whether the lone, uncorroborated testimony of a 13-year-old victim, despite its alleged inconsistencies, is sufficient to sustain a conviction for rape.
Whether the delay in reporting the incident, caused by threats and the victim’s natural modesty, detracts from the credibility of her account.

Whether APOLINARIO’s alibi, which largely rested on his claimed presence in Cebu City and the fact that he was seen voting in Guihulngan, holds merit when countered by the victim’s positive identification.
Whether the alleged inconsistencies regarding the date of the rape (20 May 1992 as opposed to 23 September 1992) and the testimony of Crispina bear sufficient grounds to overturn the conviction.