Case Digest (G.R. No. 131104)
Facts:
Appellant Rizalino P. Rebose was charged with rape in Criminal Case No. 95-12116 before the Regional Trial Court [1] of Antipolo, Rizal, Branch 72, for an incident alleged to have occurred on April 17, 1995 involving Lorena B. Rizalte, a twelve (12)-year-old girl, under an information dated April 25, 1995. Upon arraignment on June 6, 1995, he pleaded not guilty.The prosecution presented Lorena and her grandmother, plus medical testimony that Lorena had a “kiss mark” on her neck and healed lacerations on her genital organ. The defense interposed denial and alibi, claiming witnesses placed appellant elsewhere in Bontoc, Mountain Province, and he challenged the medical findings and the credibility of identification. The RTC convicted appellant beyond reasonable doubt, but the Supreme Court modified the award after review.
Issues:
- Whether the prosecution proved appellant’s guilt beyond reasonable doubt for rape based on the testimony of the victim and the corroborating evidence.
Case Digest (G.R. No. 131104)
Facts:
- Information and charge
- The appellant, Rizalino P. Rebose, was charged with the crime of rape in Criminal Case No. 95-12116 before the Regional Trial Court of Antipolo, Rizal, Branch 72.
- The information, dated April 25, 1995, alleged that on or about April 17, 1995 in Antipolo, Rizal, the appellant, by means of force and intimidation while armed with a gun, had carnal knowledge of Lorena B. Rizalte, twelve (12) years of age, against her will and consent.
- The appellant was arraigned on June 6, 1995 with counsel de oficio, Atty. Danilo Leyble, and pleaded not guilty.
- Prosecution evidence
- Lourdes Rizalte, sixty-four (64) years old, testified as grandmother of the victim, Lorena Rizalte, and narrated the circumstances of the incident.
- On April 17, 1995 at around 9:00 a.m., she asked Lorena to watch the house of Lourdes’ parents located about 15 meters away; Lorena acceded.
- Upon Lourdes’ return, she became suspicious because Lorena had apparent kiss marks on her neck and acted incoherently.
- Lorena initially kept silent, but after persistent questioning she confessed that appellant Rebose sexually violated her.
- Lourdes brought Lorena to Camp Crame for examination; findings revealed that Lorena was physically no longer a virgin.
- Medico-legal officer Owen Lebaquin of the PNP Crime Laboratory testified regarding the April 19, 1995 examination.
- He found an ecchymosis or “kiss mark” on Lorena’s neck.
- He noted healed lacerations on Lorena’s private organ compatible with her allegation of sexual assault.
- Lorena Rizalte testified on the manner of the assault.
- She stated that Lourdes told her to check the house at Sitio Panusugin.
- At the place, she saw appellant Rizalino Rebose with Alex Feliciano and two other unidentified persons.
- The group allegedly accosted her for wrongdoing attributed to her father, Ricardo Rizalte, and grandfather, Lorenzo Rizalte.
- Appellant started to kiss her; Alex, described as godson of Lorena’s grandfather, dissuaded appellant, but appellant repulsed him with threats.
- Alex and the two other companions left.
- Alone with Lorena, appellant pulled out his gun and ordered her to go inside the house and undress, otherwise she would be killed.
- After the sexual congress, Lorena was allowed to leave only after appellant sternly warned her not to reveal the incident.
- Upon returning to Lourdes’ house, Lourdes interrogated Lorena about her kiss marks.
- Lorena tried to conceal the violation in the presence of barangay officials; after the result of her examination at Camp Crame was released, she admitted that appellant was the culprit.
- Defense evidence
- The defense presented Alex Feliciano, Virgilio Pose, Evelina Olaez, Myrna Liwan, and appellant himself.
- Alex Feliciano testified to an alleged alibi.
- He denied that he was with appellant and two other persons in Sitio Panusugin on April 17, 1995.
- He claimed he was at the construction site at No. 176 Wilson Street, San Juan, Manila, from 8:00 a.m. to 5:00 p.m., supported by a photocopy of his daily time record whose original was kept by Virgilio Pose as timekeeper.
- He stated he had known appellant for three months, being introduced by appellant’s godfather, Lorenzo Rizalte, as pastor of a religious group or sect.
- Virgilio Pose corroborated the alibi via payroll records.
- He presented payroll record showing Alex was at the construction site on the day of the alleged rape.
- He testified that the payroll record was their only basis for wages; thus, if a worker’s name was not logged on a working day, the worker presumably did not render services and was not entitled to wage.
- Evelina Olaez and Myrna Liwan (both missionaries) testified on appellant’s movements.
- They stated that on April 16, 1995, appellant briefly attended a Sunday worship in Bontoc, Mountain Province.
- They testified that appellant asked attendees about the whereabouts of his two friends from Bontoc.
- After church fellowship, appellant was invited to...(Subscriber-Only)
Issues:
- Sufficiency of evidence and credibility
- Whether the prosecution proved appellant’s guilt beyond reasonable doubt, particularly in view of the defenses of denial, alibi, and lack of credible identification.
- Alibi and its credibility
- Whether appellant’s alleged alibi based on presence in Bontoc, Mountain Province on the relevant date was credible.
- Whether Alex Feliciano and Virgilio Pose established physical impossibility or credible alibi.
- Medical findings and compatibility with rape
- Whether the medical report and testimony regarding injuries on the victim were incompatible or insufficient to support the rape charge.
- Whether the prosecution relied solely on medical findings or whether testimonial evidence independently supported conviction.
- Elements of statutory rape vs. rape under Article 335(1)
- Whether the prosecution sufficiently proved the victim’s age as an essential element of statutory rape.
- Whether, despite lack of proof of age, the eviden...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)