Title
People vs. Rebose
Case
G.R. No. 131104
Decision Date
Jun 17, 1999
Rebose convicted of raping a 12-year-old girl; victim's credible testimony, medical evidence, and intimidation outweighed alibi defense.
rape
statutory rape
sexual abuse
A

Case Summary (G.R. No. 131104)

Factual Background

The victim, Lorena Rizalte, testified that on April 17, 1995, her grandmother, Lourdes Rizalte (64 years old), instructed her to check the family’s house in Sitio Panusugin. Upon arriving, Lorena saw the accused Rizalino Rebose, accompanied by Alex Feliciano and two other unidentified persons. The group allegedly accosted Lorena for an incident attributed to her father and grandfather. Lorena stated that the accused immediately kissed her. Alex, described as the godson of Lorena’s grandfather, dissuaded the accused, but the dissuasion was met with threats directed at Alex. The three men then left, leaving Lorena alone with the accused.

Lorena narrated that the accused then pulled out a gun and ordered her to go inside the house. She stated that she was compelled to undress under threat that she would be killed if she refused. After the sexual congress, she was allowed to leave only after being sternly warned not to reveal what had happened. When Lorena returned to her grandmother, she was questioned about the “kiss marks” on her neck. Although she attempted to conceal the incident even in the presence of barangay officials, she ultimately admitted that the accused was the culprit after the results of her examination were released from Camp Crame.

Lourdes testified that on the same day at about 9:00 a.m., she asked Lorena to look after the parents’ house situated about 15 meters away. When Lourdes returned, she observed that Lorena had kiss marks on her neck and appeared incoherent. Lorena initially kept silent, but after persistent questioning she confessed that she had been sexually violated by the accused. Lourdes then brought Lorena to Camp Crame for examination.

Medico-legal examination was narrated by Owen Lebaquin, a medico-legal officer of the Philippine National Police Crime Laboratory. He testified that an examination on April 19, 1995 revealed an ecchymosis, described as a “kiss mark,” on Lorena’s neck and noted healed lacerations on her private organ that were compatible with the allegation of sexual assault.

Defense Evidence and Theories

The defense presented Alex Feliciano, Virgilio Pose, Evelina Olaez, Myrna Liwan, and the accused himself. Alex denied being with the accused at Sitio Panusugin on April 17, 1995. He testified that he was at a construction site on Wilson Street, San Juan, Manila, from 8:00 a.m. to 5:00 p.m., supported by a photocopy of his daily time record, with the original allegedly kept by Virgilio Pose as timekeeper. Alex added that he knew the accused only for about three months, having been introduced by his godfather Lorenzo Rizalte, as a pastor of a religious group or sect.

Virgilio Pose presented payroll records to corroborate that Alex was present at the construction site on the day in question. He explained that the payroll record was their only basis for wages; therefore, if Alex’s name did not appear on a working day, it meant he did not render services and thus was not entitled to wages.

Evelina Olaez and Myrna Liwan testified that on April 16, 1995, the accused attended worship in Bontoc, Mountain Province. They stated that he asked about the whereabouts of his two friends from Bontoc. They further testified that after church fellowship, he was invited to lunch, and that at about 1:00 p.m., he left for Sagada, Mountain Province.

The accused testified that he was a minister of a Born Again Charismatic group since 1992, and that in 1995 he formed a congregation in Antipolo, Rizal. He claimed that he came to know the Rizalte family through church membership. He attributed the filing of the rape charge to a misunderstanding involving a Korean missionary’s donation of $1,000.00 as seed money for a church. He asserted that instead of entrusting the money to him, it was turned over to the Rizaltes as the lot where the church was to be built belonged to them. He further alleged that during construction he borrowed P3,000.00 from the Rizaltes originating from the donated amount, but that the Rizaltes later made it appear that he had stolen it, leading to retaliatory accusations including the charge of rape against Lorena.

Trial Court Ruling

In a decision dated June 23, 1997, the trial court found the accused guilty beyond reasonable doubt of the crime charged. It imposed the penalty of reclusion perpetua and ordered indemnity to the victim in the amount of PHP 200,000 for moral damages. The dispositive portion further reflected the trial court’s conclusion that the prosecution met the required burden of proof.

Issues Raised on Appeal

On appeal, the accused assigned errors essentially anchored on the prosecution’s alleged failure to overcome the quantum of evidence necessary for conviction. He challenged the sufficiency and credibility of the prosecution evidence, especially in relation to his alibi and the medical evidence.

The accused specifically argued that his alibi—that he had been in Bontoc, Mountain Province at the time of the alleged rape—was unconvincing in light of Lorena’s positive identification. He also faulted the medical testimony by claiming that the medico-legal officer allegedly equivocated on whether Lorena’s lacerations were compatible with the rape charge, particularly with respect to the timing and healing of the injuries.

He also attacked the defense witness testimony—particularly Alex Feliciano’s time-and-attendance evidence—by asserting that it should have created reasonable doubt. He contended that the trial court erred in giving weight to the prosecution’s identification evidence despite his attempted corroboration of his alibi.

Appellate Court’s Evaluation of Witness Credibility and Identification

The Supreme Court held that the victim’s testimony remained credible and that the accused’s alibi did not create reasonable doubt. It emphasized that the defense theory of denial and alibi was weakened by Lorena’s positive identification of the accused. The Court found Lorena’s testimony to be “candid and straightforward,” and it reasoned that it was highly improbable for a twelve-year-old to fabricate so grave a charge given the attendant scandal and publicity, absent a genuine experience of sexual abuse.

The Court also addressed the accused’s alibi with particular attention to his own statements on cross-examination. It noted that the accused claimed his purpose in visiting Bontoc was to look for former classmates who could help him secure a lodging house for his girlfriend. It observed that, when asked where the girlfriend came from, he stated she was also from the same province, making the alibi less credible given the purported need for locating lodging based on place familiarity. It further noted that the accused failed to provide details regarding the girlfriend’s exact location in Bontoc and asserted that he did not know her address.

On the medical issue, the Court rejected the claim that the medico-legal officer had offered equivocal or inadequate testimony. It observed that the transcript showed the medico-legal officer’s answers, when read in full context, supported compatibility between the observed healed lacerations and the commission of sexual assault. It further stressed that a medical examination is not indispensable to convict for rape when the testimony of the complainant and other evidence convinces the court that conviction is proper, citing People v. Devilleres.

Treatment of Medical Evidence and the Role of Medical Examination in Rape

The Court held that the defense mischaracterized the medico-legal testimony. It acknowledged the appellant’s focus on the exchange regarding laceration compatibility, but it found that the officer explained the condition and healing timeline in terms of the measurement and degree of laceration, and that a subsequent question elicited further explanation confirming compatibility. The Supreme Court thus found that the trial court’s reliance on the testimony and the medico-legal findings was not misplaced.

Further, the Supreme Court reiterated that the prosecution did not rely solely on medical evidence; it relied on Lorena’s testimony and the circumstances surrounding the incident. It cited People v. Devilleres for the proposition that medical examination is not indispensable in rape prosecutions if the evidence on record suffices to support conviction.

Evaluation of the Time-Record Alibi Evidence

The Court likewise refused to give controlling weight to the defense witnesses Alex Feliciano and Virgilio Pose. The Court adopted the trial court’s findings, which were grounded on two points. First, the trial court held that the defense failed to establish that the witness presented was the same Alex Feliciano referred to by the victim. Second, even assuming identity, the Court held that the evidence that Alex was at the workplace at the exact time of the incident was not conclusive due to the availability of motorized transport and the possibility of travelling the approximate distance within the workshift period without physical impossibility. The Court added that Virgilio Pose, although a timekeeper, was not in a position to categorically state that the worker never left the worksite during the shift.

Elements of Statutory Rape and Modification of the Conviction

The Supreme Court then addressed the legal elements required for statutory rape. It identified that conviction for statutory rape requires proof that: (1) the accused had carnal knowledge of a woman; and (2) that the woman is below twelve years of age. It held that the age of the victim, as an essential element, must unquestionably be proved by the prosecution.

On the record as presented in the jurisprudence text, the Court held that although the prosecution evidence proved the sexual assault through force and intimidation, the evidence did not support conviction for statutory rape due to lack of unquestionable proof of the victim’s age below twelve. The Court therefore modified the conviction accordingly.

Rape Under Article 335

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