Case Digest (G.R. No. 112087)
Facts:
In the case of People of the Philippines vs. Alexander Soan Y Belarmino, the accused, Alexander Soan, was charged and convicted of the rape of a ten-year-old girl, Ma. Esther Uribe Toquilar, who was a playmate of his daughter. The incident occurred on December 14, 1991, at the Alcantara family's comfort room in Binan, Laguna. On February 10, 1992, Ma. Esther's mother, Emily Urbe Toquilar, filed a complaint against Soan after being informed of the alleged rape by a neighbor, Lita Cronico. The trial took place in the Regional Trial Court of San Pedro, Laguna, where Soan was arraigned on June 8, 1992, pleading not guilty to the charges.
During the trial, Ma. Esther served as the sole eyewitness, and her testimony was corroborated by additional witnesses including her mother and a medical professional, Dr. Jose Lopez, who conducted a physical examination of the victim and found superficial healed lacerations on her hymen. The prosecution’s narrative indicated that Soan had
Case Digest (G.R. No. 112087)
Facts:
- Background and Initiation of the Case
- The case involved appellant ALEXANDER SOAN Y. BELARMINO, charged with rape for allegedly committing a revolting act against his daughter’s ten-year-old playmate.
- On February 10, 1992, private complainant MA. ESTHER U. TOQUILAR executed a Complaint accusing the appellant of rape.
- A preliminary investigation established probable cause, leading to the filing of an Information on March 9, 1992, against the appellant.
- The charge specifically stated that on or about December 14, 1991, in Binan, Laguna, appellant, by means of threats and intimidation and motivated by lewd design, committed the act by engaging in unlawful sexual intercourse with a minor.
- Facts Relating to the Crime
- Setting and Timeline
- The incident occurred on December 14, 1991, early in the morning outside the Alcantara residence in Binan, Laguna.
- Appellant had recently moved into the first floor of the Alcantara house which neighbored a concrete comfort room.
- The Crime as Testified by the Witnesses
- Private complainant, a minor living in a one-room apartment in the same vicinity, testified that she was beckoned by the appellant through whistling and gestures.
- Despite her initial reluctance, she was compelled by fear as the appellant made threatening motions (waving a clenched fist and throwing dagger looks) and verbally warned her of fatal consequences if she disclosed the incident.
- Appellant’s Method and Sequence of Events
- The appellant pulled the complainant into the Alcantara’s comfort room and bolted the galvanized-iron door.
- Inside, he threatened her silence by vowing to kill her should she inform anyone.
- The appellant removed the victim’s lower garments and, after a brief pause, resumed the assault by seating her on his lap while he was naked from the waist down.
- He then forcibly inserted his sexual organ into her vagina.
- After approximately two minutes, he declared himself finished, ordered her to stand, and, before letting her leave, warned her against speaking of the episode by threatening her family’s life.
- Corroborative Testimonies and Physical Evidence
- Witness Accounts
- Private complainant’s testimony, given on several dates (July 15, July 27, August 11, and August 26, 1992) detailed the incident and the presence of the appellant in the comfort room during the act.
- Additional prosecution witnesses included LITA BALAWANG CRONICO, who observed the appellant and the complainant near the scene, and VICTORIA SOAN, the appellant’s wife, who initially echoed the defense’s claim of dismissing the allegations as idle gossip.
- A visit by family members and later confrontation led to private complainant’s full account of the events.
- Physical and Medical Evidence
- On February 4, 1992, following disclosure by Lita Cronico and others, the complainant underwent a physical and internal examination by DR. JOSE M. LOPEZ.
- The examination revealed a “superficial healed laceration of the hymen at 9:00 o’clock position,” which was significant in supporting her account.
- Appellant’s Attempted Defense
- The appellant maintained a defense of denial and alibi, claiming his presence at a repair shop (his brother-in-law’s workplace) on December 13 and 14, 1991.
- His alibi was supported by testimonies from his co-repairman and brother-in-law, attesting to his usual work schedule from 9:00 a.m. to 7:00 p.m.
- His wife also provided testimony aimed at negating the complainant’s version, asserting that the child denied the allegations when confronted.
- Trial Process and Decision
- Pretrial and Trial Proceedings
- Appellant pleaded not guilty at arraignment and the trial proceeded with the complainant as the sole eyewitness, corroborated by other prosecution witnesses.
- During the trial, the defense focused on inconsistencies in the complainant’s testimony, her alleged “unnatural” behavior, and the physical constraints of the comfort room.
- Verdict and Sentencing
- The trial court found the appellant guilty beyond reasonable doubt of statutory rape and sentenced him to reclusion perpetua.
- In addition to imprisonment, the appellant was ordered to pay civil indemnity to the complainant – initially Forty Thousand Pesos (P40,000.00) and, upon appeal modification, increased to Fifty Thousand Pesos (P50,000.00).
- The decision was rendered by Judge Puno, with concurring opinions from other members of the court.
Issues:
- Evaluation of the Complainant’s Conduct
- Whether it was proper for the court to give particular weight to the complainant’s behavior before, during, and immediately after the alleged act, especially considering her age and the psychological impact on a child.
- Credibility of Prosecution Witnesses
- Whether the trial court erred in accepting the testimonies of the prosecution witnesses, particularly that of the complainant, at face value despite alleged inconsistencies.
- The impact of perceived discrepancies in her testimony and her affidavit on her overall credibility.
- Establishment of Rape through Penetration
- Whether the trial court erred in finding that rape was consummated without irrefutable evidence of complete penetration, given that the complainant's testimony and examinations showed minimal physical evidence of penetration.
- Relevance of Witness Motives
- Whether the motive of Lita Cronico in reporting the alleged incident had any bearing on the credibility of the complainant’s account and the overall case.
- Strength of the Alibi Defense
- Whether the appellant’s alibi testimony, asserting his presence at work during the incident, sufficiently raised reasonable doubt regarding his involvement in the crime.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)