Title
People vs. Alegre y Lamoste
Case
G.R. No. 184812
Decision Date
Jul 6, 2010
Accused Alegre convicted of frustrated murder and qualified rape after assaulting and raping VON, supported by medical evidence; alibi rejected, penalties modified.
rape
attempted murder
credibility of testimony
A

Case Summary (G.R. No. 184812)

Factual Background

The evidence for the prosecution showed that VON and Alegre were acquaintances. Alegre owned the house where his family and VON’s relatives lived. On the evening of September 14, 2002, VON visited Alegre’s house to see her relatives. During the visit, Alegre invited her to have drinks inside a jeep. After VON finished a small bottle of gin pomelo, she returned to her relatives’ quarters and told her cousin that she would go home. However, as VON stepped out, Alegre invited her to meet his girl friends. VON could not say whether Alegre was under the influence of drugs at that time.

Alegre and VON walked along a nearby street until they reached a fenced house. Alegre climbed the fence and told VON to do likewise. When VON entered the house, it was empty. She hurriedly went back outside when Alegre did not respond to her inquiry about the girl friends allegedly inside. She tried to get over the fence to reach the street, but Alegre warned her that barangay tanods might see her. When VON did not heed the warning, Alegre punched her on the back and repeatedly stabbed her with an ice pick until she fell to the ground on her back.

Alegre tore VON’s polo and sando and stripped her of shorts and underwear. VON fought back and managed to grab the ice pick. Alegre then choked her, forcing her to drop the weapon, after which he sexually ravished her. VON felt pain during the assault. Afterwards, Alegre stabbed her again on her chest and arms. At that stage, VON became too weak to resist and turned over, facing the ground. Alegre stopped assaulting her then. VON did not move for some time. When she coughed, Alegre returned and stabbed her thrice on the back. VON suppressed her cough to prevent him from returning again.

When VON felt that Alegre had left, she attempted to stand but could not due to muscle cramps in her left leg. She shouted for help, but no one responded. She watched vehicles pass by the street. Only in the early morning of September 15, 2002 did she spot two barangay tanods and they heard her calls.

Prosecution Evidence: Discovery, Medical Findings, and Physical Corroboration

Barangay kagawad Romeo dela Cruz testified that at about 2:00 a.m. of September 15, 2002, he received a call about shouts for help from an abandoned house. He went to the site, where he found VON lying naked on the ground, covered with mud and blood. He called the police and, with his nephew’s assistance, helped bring VON to a police car. VON was taken to Lourdes Hospital for a life-saving procedure, and then transferred to the Philippine General Hospital (PGH) for surgical operation.

At PGH, Dr. Edwin Paul Lagapa testified that VON had 18 stab wounds all over her body. Four of the wounds pierced her heart and were caused by a very small, fine pointed instrument. She also sustained an injury on her forehead from a fall. Dr. Lagapa stated that VON could have died without timely treatment and that he had to perform several life-saving operations.

Also on the same day, at an inter-departmental referral, Dr. Claire Aguirre conducted a gynecological examination. She found several abrasions and hymenal lacerations. She found no sperm. She explained that although she could not identify the age of the lacerations, it would take at least seven days for them to heal. This evidence was presented to corroborate VON’s account of sexual assault and physical trauma.

Accused’s Version: Denial, Alibi, and Claims of Retaliation and Prior Arrest

For his defense, Alegre claimed he was at Abad Santos, Bacood, Sta. Mesa on September 14, 2002 with the owner of a jeepney he was repairing. After taking a bath, he rode with his brother in a jeepney driven by the latter. They allegedly went home together at about 10:30 p.m. After eating, Alegre went to his sister’s house, which was next to his brother’s house, and watched television there.

Alegre asserted that it was VON who invited him to drink, contrary to VON’s testimony. He stated that they pooled their money to buy a bottle of gin pomelo and drank it in front of his sister’s house. He then went home to sleep. He claimed that VON did not return to his sister’s or brother’s house.

Alegre further claimed that at about 4:30 a.m. of September 15, 2002, approximately three hours after he left VON, he went with his brother to Mindoro as previously planned. In Mindoro, his uncle allegedly arrested him without a warrant for a supposed robbery case. He later learned at the police precinct that he was being charged with frustrated murder and rape. He believed VON filed the cases because he had stabbed her cousin a long time ago. He also alleged that VON’s brother had accused him of theft of his VCD player, leading to his arrest and detention.

Trial and Appellate Proceedings

On September 25, 2006, the RTC found Alegre guilty beyond reasonable doubt of frustrated murder in Criminal Case 03-213343 and sentenced him to suffer a minimum indeterminate penalty of nine years and four months of prision mayor in its medium period to seventeen years and four months of reclusion temporal in its medium period as maximum. The RTC also ordered indemnification to VON of P25,000.00 as moral damages and P25,000.00 as temperate damages.

The RTC similarly found Alegre guilty beyond reasonable doubt of qualified rape of VON in Criminal Case 03-213344 and imposed reclusion perpetua, with corresponding monetary awards. It ordered that he pay VON P50,000.00 as civil indemnity and P50,000.00 as moral damages.

Alegre appealed to the Court of Appeals, docketed as CA-G.R. CR-HC 02583. On April 28, 2008, the CA rendered a judgment affirming the RTC in toto. The decision prompted Alegre to elevate the matter to the Supreme Court.

Issue Presented on Appeal

The Supreme Court framed the sole issue as whether the CA erred in affirming the RTC’s finding that there was sufficient evidence to establish that Alegre raped and nearly murdered VON as she testified.

Parties’ Contentions

Alegre’s appeal centered on the alleged lack of credibility of VON. He pointed to claimed contradictions in her narration. He also relied on the weaknesses of his denial, his alibi, and his claim that the charges were motivated by retaliation and a prior stabbing incident allegedly committed by Alegre against a relative of VON.

The prosecution, as upheld by the RTC and the CA, emphasized that VON’s testimony deserved full credence and that it was supported by medical and physical evidence. It further argued that Alegre’s alibi and denial were uncorroborated and insufficient to overcome the prosecution’s evidence.

Ruling of the Court: Affirmance with Modifications

The Supreme Court denied the appeal and affirmed the CA decision dated April 28, 2008, which upheld the RTC convictions in Criminal Cases 03-213343 and 03-213344. The Court, however, modified the penalties and certain awards. It held that the penalty of reclusion perpetua for the qualified rape should be imposed without eligibility for parole, and it increased the awards of P50,000.00 civil indemnity and P50,000.00 moral damages in relation to qualified rape to P75,000.00 each.

Legal Basis and Reasoning

The Court treated the principal thrust of the appeal—assailing VON’s credibility—as unavailing. It reiterated the settled rule that the trial court’s findings on witness credibility deserve the highest respect because the judge personally observed the demeanor of the witnesses while testifying under searching examination. Since both the RTC and the CA found VON credible, the Supreme Court accorded weight to those concurrent factual assessments. The RTC had described VON’s testimony as “clear, direct, honest and could only inspire belief.” It also cited the medical corroboration supplied by Dr. Lagapa and Dr. Aguirre.

The Court rejected Alegre’s attempt to impeach VON through alleged contradictions. It addressed the specific conflict Alegre identified regarding VON’s body position when she fell and the sequencing of the stabbing relative to the rape. The Court held that Alegre improperly appreciated the testimony because VON’s account, for the most part, remained consistent under repeated questioning: she maintained that Alegre raped her before he stabbed her on her chest. Even assuming some error in the sequence of narration of two consecutive brutal acts, the Court ruled that such a variation could not destroy the value of her testimony. It reasoned that discrepancies in minute details may arise from the emotions stirred by the need to narrate in detail the brutality inflicted.

The Court emphasized that rape is not merely an assault on the body but also a derogation of dignity. Thus, the Court considered it significant that VON did not falter in her declaration that Alegre sexually molested her. It also held that the physical evidence supported her narrative. Dr. Aguirre corroborated VON’s testimony through the presence of hymenal lacerations, and Dr. Lagapa testified to VON’s multiple stab wounds. The Court concluded that where the victim’s straightforward testimony aligns with the physical injuries she sustained, there is sufficient basis to conclude that she spoke truth.

The Court further found that Alegre offered no evidence beyond his own testimony denying the charges. It held that to be believed, his denial needed to be supported by s

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