Case Digest (G.R. No. 107800)
Facts:
The People of the Philippines v. Rolly Paranzo, @ Lorenzo Parani, G.R. No. 107800, October 26, 1999, Supreme Court Third Division, Gonzaga-Reyes, J., writing for the Court.The prosecution charged accused-appellant Rolly Paranzo with rape in a complaint filed by Anna Liza Jacobe (with the assistance of her mother, Gloria Jacobe), alleging that on about 1:00 a.m. of November 13, 1991, in Sitio Yagit, Barangay San Rafael, Montalban (Rodriguez), Rizal, Paranzo, by means of threats, force and intimidation, had carnal knowledge of Anna Liza against her will. The information described the rape as committed “by means of threats, force and intimidation.”
At arraignment the accused pleaded not guilty. At trial the prosecution presented three witnesses: Anna Liza; her grandmother Rafaela Jacobe; and Dr. Jesusa Nieves of the PNP Crime Laboratory Service who examined the victim on November 15, 1991. The defense later called Anna Liza as a hostile witness and the accused testified on his own behalf, claiming alibi that he worked night shifts at a slaughterhouse and denying the incident. The trial court summarized Anna Liza’s testimony that the accused lay on top of her while she slept, undressed her, she felt pain and bleeding from her genitalia, and that the accused pointed a small knife at her neck to intimidate her. Anna Liza also recounted two prior incidents of sexual abuse by the accused.
Dr. Nieves testified that on November 15, 1991 the complainant was in a non-virgin state, with a healed laceration of the hymen and an abrasion on the labia minora that could indicate recent trauma within about five days of examination, though the healed laceration could reflect intercourse days, months or years earlier. Unexpectedly, the complainant later partially recanted and executed an affidavit of desistance, stating in open court that she had lied earlier and that the affidavit was prompted by a promised monetary settlement which had not been paid.
The Regional Trial Court (Branch 76, San Mateo, Rizal) convicted Paranzo on September 3, 1992 of rape and sentenced him to reclusion perpetua, ordered indemnity of P30,000 and costs. The trial court relied on the victim’s testimony corroborated by the medico-legal findings and rejected the affidavit of desistance as improperly motivated. The accused appealed to the Supreme Court, assigning errors that the conviction rested on an uncorroborated and doubtful testimony; that the court failed to give weight to the affidavit of desistance and the complainant’s recanta...(Subscriber-Only)
Issues:
- Was the conviction proper despite the complainant’s recantation and alleged lack of corroboration of her testimony?
- Did the prosecution need to prove that the complainant was under twelve years of age to sustain the rape charge?
- Was the accused’s alibi sufficient to cre...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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