Case Digest (G.R. No. 100935)
Facts:
People of the Philippines v. Vicente Zaballero alias Atoy, G.R. No. 100935, June 30, 1997, Supreme Court Third Division, Panganiban, J., writing for the Court.
The prosecution was instituted upon a sworn complaint by Hermie “Mimil” Galo (assisted by her mother) before the Municipal Circuit Trial Court of Catarman–Sagay, Camiguin, accusing Vicente Zaballero (the appellant) of rape. After preliminary investigation, the records were forwarded to the Provincial Fiscal, and on April 28, 1988 Provincial Fiscal Julio A. Vivares filed the Information charging Zaballero with rape. At arraignment the accused pleaded not guilty and, at trial before the Regional Trial Court of Mambajao, Camiguin, Branch 28 (Criminal Case No. 477), he interposed denial as his defense.
The prosecution’s case was based principally on the testimony of the victim, then about 14 years old, who described how on December 12, 1987 the accused pulled her down while she was gathering guavas, removed her panty, spat on his penis and inserted it into her vagina, covering her mouth to prevent her from shouting. She also testified to five prior occasions of sexual abuse by the accused. Her mother and other relatives confronted the accused shortly afterwards; they testified that the accused admitted the act and made comments suggesting consent by his wife. Dr. Germanito S. Cain examined the victim and documented old lacerations of the vaginal orifice; he opined that penile insertion was a possible cause but that the lacerations were at least three days old. Other prosecution witnesses corroborated the confrontation and the accused’s admission.
The defense presented alibi and denial. Witnesses including the accused’s father and a copra dealer testified that the accused was elsewhere on December 12, 1987 (evidence of vales and movements). Another defense witness testified to seeing the victim with a different man. The accused admitted being in the vicinity and claimed he had seen the victim with another man; he denied the substance of the mother’s conversation with him. The trial court, after assessing demeanors and weighing the evidence, found the victim’s testimony straightforward and credible and convicted Zaballero of rape in a Decision dated May 31, 1991, sentencing him to reclusion perpetua and ordering ...(Pro-only)
Issues:
- Did the trial court err in crediting the complainant’s testimony despite her youth, low intelligence, and history of epilepsy?
- Was the evidence presented by the prosecution sufficient to sustain a conviction for rape beyond re...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)