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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
July-1996 Jurisprudence                 

  • G.R. No. 116600 July 3, 1996 - PEOPLE OF THE PHIL. v. REYNALDO LANDICHO

  • G.R. No. 119527 July 3, 1996 - EVELYN J. GARCIA v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 121910 July 3, 1996 - NATIONAL WATERWORKS AND SEWERAGE AUTHORITY, ET AL. v. NLRC

  • G.R. Nos. 98121-22 July 5, 1996 - PEOPLE OF THE PHIL. v. ROMEO R. SALAZAR

  • G.R. No. 100629 July 5, 1996 - ENELYN E. PEÑA, ET AL. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 100699 July 5, 1996 - PEOPLE OF THE PHIL. v. EDGAR C. GUTIERREZ

  • G.R. No. 102377 July 5, 1996 - ALFREDO SAJONAS, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 102998 July 5, 1996 - BA FINANCE CORPORATION v. COURT OF APPEALS, ET AL.

  • G.R. No. 105583 July 5, 1996 - PEOPLE OF THE PHIL. v. ELEUTERIO TAMPON

  • G.R. No. 106296 July 5, 1996 - ISABELO T. CRISOSTOMO v. COURT OF APPEALS, ET AL.

  • G.R. No. 106413 July 5, 1996 - REPUBLIC OF THE PHIL. v. TACLOBAN CITY ICE PLANT, ET AL.

  • G.R. No. 107698 July 5, 1996 - GLORIA Z. GARBO v. COURT OF APPEALS, ET AL.

  • G.R. No. 107824 July 5, 1996 - SUPERCLEAN SERVICES CORPORATION v. COURT OF APPEALS, ET AL.

  • G.R. No. 109173 July 5, 1996 - CITY OF CEBU v. COURT OF APPEALS, ET AL.

  • G.R. No. 111324 July 5, 1996 - ROMAN CATHOLIC ARCHBISHOP OF MANILA v. COURT OF APPEALS, ET AL.

  • G.R. No. 111549 July 5, 1996 - PEOPLE OF THE PHIL. v. ARTEMIO P. ORTALEZA

  • G.R. Nos. 113178 & 114777 July 5, 1996 - RADIO COMMUNICATIONS OF THE PHIL. v. NLRC, ET AL.

  • G.R. No. 113549 July 5, 1996 - REPUBLIC OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 113827 July 5, 1996 - PHILIPPINE AIRLINES INC. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 113948 July 5, 1996 - ARMANDO NICOLAS v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 114002 July 5, 1996 - PEOPLE OF THE PHIL. v. ELEUTERIO C. COMPENDIO, JR.

  • G.R. No. 115216 July 5, 1996 - PEOPLE OF THE PHIL. v. DAVID CABILES

  • G.R. No. 115825 July 5, 1996 - FRANKLIN DRILON v. COURT OF APPEALS, ET AL.

  • G.R. No. 116208 July 5, 1996 - PEOPLE OF THE PHIL. v. ESMAEL SALIDO

  • G.R. No. 116693 July 5, 1996 - PURITA DE LA PEÑA, ET AL. v. PEDRO R. DE LA PEÑA, ET AL.

  • G.R. No. 118203 July 5, 1996 - EMILIO A. SALAZAR, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 118231 July 5, 1996 - VICTORIA L. BATIQUIN, ET AL. v. COURT OF APPEALS

  • G.R. No. 118284 July 5, 1996 - MAMERTO REFUGIA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 118562 July 5, 1996 - ANGLO-KMU v. SAMANA BAY, ET AL.

  • G.R. No. 118691 July 5, 1996 - ALEJANDRO BAYOG, ET AL. v. ANTONIO M. NATINO, ET AL.

  • G.R. Nos. 118712 & 118745 July 5, 1996 - LAND BANK OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 118824 July 5, 1996 - PEOPLE OF THE PHIL. v. ROMEO GARCIA

  • G.R. No. 119069 July 5, 1996 - PEOPLE OF THE PHIL. v. DANILO EXCIJA

  • G.R. No. 119845 July 5, 1996 - ANTONIO M. GARCIA v. COURT OF APPEALS, ET AL.

  • G.R. No. 120949 July 5, 1996 - ARACELI RAMOS FONTANILLA v. PEOPLE OF THE PHIL.

  • G.R. No. 121180 July 5, 1996 - GERARD A. MOSQUERA v. DELIA H. PANGANIBAN, ET AL.

  • G.R. No. 121592 July 5, 1996 - ROLANDO P. DELA TORRE v. COMMISSION ON ELECTIONS, ET AL.

  • G.R. No. 122807 July 5, 1996 - ROGELIO P. MENDIOLA v. COURT OF APPEALS, ET AL.

  • Adm. Matter No. RTJ-91-712 July 9, 1996 - BEN D. MARCES, SR. v. PAUL T. ARCANGEL

  • G.R. No. 88189 July 9, 1996 - PEOPLE OF THE PHIL. v. TIBURCIO ABALOS

  • G.R. No. 103922 July 9, 1996 - SANTIAGO LAND DEVELOPMENT COMPANY v. COURT OF APPEALS, ET AL.

  • G.R. No. 104312 July 9, 1996 - PEOPLE OF THE PHIL. v. MARIO CABALLERO

  • G.R. No. 109563 July 9, 1996 - PHILIPPINE NATIONAL BANK v. COURT OF APPEALS, ET AL.

  • G.R. No. 114058 July 10, 1996 - PEOPLE OF THE PHIL. v. ZALDY B. FRANCISCO

  • G.R. No. 74495 July 11, 1996 - DUMEZ COMPANY, ET AL. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. Nos. 80437-38 July 11, 1996 - PEOPLE OF THE PHIL. v. ROBERTO B. ABORDO

  • G.R. Nos. 94376-77 July 11, 1996 - PEOPLE OF THE PHIL. v. ELMER O. BELGA

  • G.R. No. 103174 July 11, 1996 - AMADO B. TEODORO v. COURT OF APPEALS, ET AL.

  • G.R. No. 103968 July 11, 1996 - PEOPLE OF THE PHIL. v. DIMSON M. GARDE

  • G.R. No. 104860 July 11, 1996 - CITYTRUST BANKING CORPORATION v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 106418 July 11, 1996 - DANIEL L. BORBON II, ET AL. v. SERVICEWIDE SPECIALISTS, INC., ET AL.

  • G.R. No. 109156 July 11, 1996 - STOLT-NIELSEN MARINE SERVICES (PHILS.) INC. v. NLRC, ET AL.

  • G.R. No. 110207 July 11, 1996 - FLORENTINO REYES, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 116221 July 11, 1996 - PEOPLE OF THE PHIL. v. ALEJANDRO G. GABRIS

  • Adm. Matter No. P-93-995 July 12, 1996 - ROBERTO JALBUENA v. EGARDO GELLADA, ET AL.

  • G.R. No. 88126 July 12, 1996 - REPUBLIC OF THE PHIL. v. SANDIGANBAYAN, ET AL.

  • G.R. No. 96795 July 12, 1996 - ANTONIO M. CORRAL v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 108926 July 12, 1996 - REPUBLIC OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 116128 & 116461 July 12, 1996 - ALLIED BANKING CORP. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 121139 July 12, 1996 - ISIDRO B. GARCIA v. COMMISSION ON ELECTIONS, ET AL.

  • G.R. No. 88822 July 15, 1996 - PEOPLE OF THE PHIL. v. ALEJANDRO M. TUVILLA

  • G.R. No. 117661 July 15, 1996 - DANIEL VILLANUEVA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 83437-38 July 17, 1996 - PEOPLE OF THE PHIL. v. WILFREDO R. GUARIN

  • G.R. No. 98458 July 17, 1996 - COCOLAND DEV. CORP. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 102037 July 17, 1996 - MELANIO IMPERIAL v. COURT OF APPEALS, ET AL.

  • G.R. No. 106977 July 17, 1996 - PEOPLE OF THE PHIL. v. AQUILIO ACABO

  • G.R. Nos. 109396-97 July 17, 1996 - PEOPLE OF THE PHIL. v. ROMEO S. OARGA

  • G.R. No. 114795 July 17, 1996 - LUCITA Q. GARCES v. COURT OF APPEALS, ET AL.

  • G.R. No. 116728 July 17, 1996 - PEOPLE OF THE PHIL. v. RODELIO S. CRUZ

  • G.R. No. 120496 July 17, 1996 - FIVE STAR BUS CO., INC., ET AL. v. COURT OF APPEALS, ET AL.

  • Adm. Matter No. MTJ-96-1088 July 19, 1996 - RODOLFO G. v. HERNANDO C. DOMAGTOY

  • G.R. Nos. 70168-69 July 24, 1996 - RAFAEL T. MOLINA, ET AL. v. PEOPLE OF THE PHIL., ET AL.

  • G.R. No. 95940 July 24, 1996 - PANTRANCO NORTH EXPRESS, INC. v. NLRC, ET AL.

  • G.R. No. 108052 July 24, 1996 - PHILIPPINE NATIONAL BANK v. COURT OF APPEALS, ET AL.

  • G.R. No. 110241 July 24, 1996 - ASIA BREWERY, INC. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. Nos. 115008-09 July 24, 1996 - PEOPLE OF THE PHIL. v. DANIEL C. QUIJADA

  • G.R. No. 120043 July 24, 1996 - AMERICAN HOME ASSURANCE CO., ET AL v. NLRC, ET AL.

  • G.R. No. 120099 July 24, 1996 - EDUARDO T. RODRIGUEZ v. COMMISSION ON ELECTIONS, ET AL.

  • G.R. No. 120303 July 24, 1996 - FEDERICO GEMINIANO, ET AL. v. COURT OF APPEALS, ET Al.

  • Adm. Matter No. RTJ-96-1336 July 25, 1996 - JOCELYN TALENS-DABON v. HERMIN E. ARCEO

  • G.R. No. 95223 July 26, 1996 - ALLIED BANKING CORPORATION v. COURT OF APPEALS, ET AL.

  • G.R. No. 105673 July 26, 1996 - PEOPLE OF THE PHIL. v. ANTONIO MAGANA

  • G.R. Nos. 105690-91 July 26, 1996 - PEOPLE OF THE PHIL v. RODOLFO CAGUIOA, SR.

  • G.R. No. 110731 July 26, 1996 - SHOPPERS GAIN SUPERMART, ET AL. v. NLRC, ET AL.

  • G.R. No. 111127 July 26, 1996 - ENGRACIO FABRE, JR., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 112175 July 26, 1996 - PEOPLE OF THE PHIL. v. RODOLFO DIAZ

  • G.R. Nos. 114280 & 115224 July 26, 1996 - PHILIPPINE AIRLINES, INC. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 115683 July 26, 1996 - DELIA MANUEL v. DAVID ALFECHE, JR., ET AL.

  • G.R. No. 118434 July 26, 1996 - SIXTA C. LIM v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 119225 July 26, 1996 - PEOPLE OF THE PHIL. v. RODRIGO G. ABUTIN

  • G.R. No. 119328 July 26, 1996 - PROVIDENT INT’L. RESOURCES INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 119673 July 26, 1996 - IGLESIA NI CRISTO (INC.) v. COURT OF APPEALS, ET AL.

  • Adm. Matter No. MTJ-93-783 July 29, 1996 - OFFICE OF THE COURT ADMINISTRATOR v. FILOMENO PASCUAL

  • G.R. Nos. 97556 & 101152 July 29, 1996 - DAMASO S. FLORES v. COURT OF APPEALS, ET AL.

  • G.R. No. 111639 July 29, 1996 - MIDAS TOUCH FOOD CORPORATION v. NLRC, ET AL.

  • G.R. No. 114313 July 29, 1996 - MGG MARINE SERVICES, INC., ET AL. v. NLRC, ET AL.

  • Adm. Matter No. P-95-1148 July 30, 1996 - PEDRO ROQUE, ET AL. v. ZENAIDA GRIMALDO

  • G.R. No. 102557 July 30, 1996 - ALFONSO D. ZAMORA v. COURT OF APPEALS, ET AL.

  • G.R. No. 108028 July 30, 1996 - PEOPLE OF THE PHIL. v. CRISTINA M. HERNANDEZ

  • G.R. No. 116512 July 30, 1996 - PEOPLE OF THE PHIL. v. LEOPOLDO BACANG, ET AL.

  • G.R. No. 116542 July 30, 1996 - HONGKONG AND SHANGHAI BANKING CORP. v. NLRC, ET AL.

  • G.R. No. 118590 July 30, 1996 - D.M. CONSUNJI, INC. v. RAMON S. ESGUERRA, ET AL.

  • G.R. No. 122241 July 30, 1996 - BOARD OF OPTOMETRY, ET AL. v. ANGEL B COLET, ET. AL.

  • G.R. Nos. 111517-19 July 31, 1996 - PEOPLE OF THE PHIL. v. ROGER N. AUSTRIA

  • G.R. No. 112233 July 31, 1996 - COKALIONG SHIPPING LINES v. OMAR U. AMIN

  • G.R. No. 112611 July 31, 1996 - CLARA ATONG VDA. DE PANALIGAN, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 116015 July 31, 1996 - GOVERNMENT SERVICE INSURANCE SYSTEM v. COURT OF APPEALS, ET AL.

  • G.R. No. 119306 July 31, 1996 - PEOPLE OF THE PHIL. v. DANTE BELTRAN

  • G.R. No. 121917 July 31, 1996 - ROBIN CARIÑO PADILLA v. COURT OF APPEALS, ET AL.

  • G.R. No. 122274 July 31, 1996 - SUSAN V. LLENES v. ISAIAS P. DICDICAN, ET AL.

  • G.R. No. 122749 July 31, 1996 - ANTONIO A. S. VALDES v. RTC, BRANCH 102, QUEZON CITY, ET AL.

  •  





     
     

    G.R. Nos. 105690-91   July 26, 1996 - PEOPLE OF THE PHIL v. RODOLFO CAGUIOA, SR.

     
    PHILIPPINE SUPREME COURT DECISIONS

    THIRD DIVISION

    [G.R. Nos. 105690-91. July 26, 1996.]

    THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. RODOLFO CAGUIOA, SR., Accused-Appellant.


    SYLLABUS


    1. REMEDIAL LAW; EVIDENCE; ALIBI; ONE OF THE WEAKEST DEFENSES THAT CAN BE RESORTED TO BY AN ACCUSED. — We have consistently hewed to the legal precept that alibi is one of the weakest defenses that can be resorted to by an accused not only because it is inherently weak and unreliable but also because it is easy of fabrication and cannot prevail over the positive identification of the accused (People v. Calope, 229 SCRA 413 [1994]). Moreover, alibi must be supported be credible corroboration from disinterested witnesses, and where the defense of alibi is not corroborated, it is fatal to the accused.

    2. ID.; ID.; TESTIMONY OF A RAPE VICTIM; CREDIBLE WHERE SHE HAS NO ILL-MOTIVE TO TESTIFY AGAINST THE ACCUSED. — Well-entrenched is the rule that the testimony of a rape victim is credible where she has no ill motive to testify against the accused (People v. Matanorosa, 231 SCRA 509 [1994]). The fact that accused-appellant can not proffer any explanation as to why the complainant implicated him indicates that no improper motive impelled the complainant to accuse the former of such a serious offense (People v. Sagaban, 231 SCRA 744 [1994]).

    3. CRIMINAL LAW; RAPE; COMMITTED BY USING FORCE OR INTIMIDATION. — Rape is committed by having carnal knowledge of a woman by using force or intimidation (Article 335, Revised Penal Code; People v. Paliete, 229 SCRA 543 [1994]).


    D E C I S I O N


    MELO, J.:


    The heinous and abominable crime of rape committed by an accused upon his own flesh and blood arouses our repugnance and indignation as no other crime can.

    Rodolfo Caguioa, Sr. was charged with two counts of rape against his own daughter in two separate Informations reading as follows:chanrob1es virtual 1aw library

    In Criminal Case No. L 4494:chanrob1es virtual 1aw library

    That on or about the first week of April 1991 in Barrio Bunagan, Mangatarem, Pangasinan and within the jurisdiction of this Honorable Court, the said accused, by making Aurora Caguioa smell some sort of a chemical causing her to lose consciousness did then and there wilfully and feloniously lie and had carnal knowledge of said Aurora Caguioa while unconscious against her will and consent, to her damage and prejudice.

    (p. 7, Rollo.)

    In Criminal Case No. L-4495:chanrob1es virtual 1aw library

    That on or about the second week of April 1991 in Barrio Bunagan, Mangatarem, Pangasinan and within the jurisdiction of this Honorable Court, the said accused, by means of force, violence and intimidation, that is, by then and there threatening Aurora Caguioa with a knife, which he was holding at the time, should she not agree to submit herself to her criminal design, did, then and there wilfully, unlawfully and feloniously lie with and had carnal knowledge of said Aurora Caguioa against her will and consent, to her damage and prejudice.

    (p. 9, Rollo.)

    After trial, the court a quo found the accused guilty on both counts in a decision dated April 7, 1992, the dispositive of portion of which reads:chanrob1es virtual 1aw library

    In Criminal Case No. L-4494, the court finds and holds the accused Rodolfo Caguioa, Sr. guilty beyond reasonable doubt of the crime of Rape charged in the information filed against him, defined and penalized under the provisions of Article 335 of the Revised Penal Code as amended, and conformable thereto, hereby sentences the said accused to suffer the penalty of reclusion perpetua (life imprisonment) and its accessory penalties and to pay the costs of the proceedings.

    In Criminal Case No. L-4495, the court likewise finds and holds the accused Rodolfo Caguioa, Sr. guilty beyond reasonable doubt of the crime of Rape charged in the information filed against him, defined and penalized under the provisions of Article 335 of the Revised Penal Code and conformable thereto, hereby sentences said accused to suffer the penalty of reclusion perpetua (life imprisonment), its accessory penalties and to further pay the costs of the proceedings.

    The court further orders the accused to acknowledge and support the child, Babellin Caguioa, as his own spurious child and to indemnify the offended party the sum of fifty thousand pesos (P50,000.00) as civil indemnity without subsidiary imprisonment in case of insolvency.

    The penalty imposed by the court against the accused should be served successively or one after the other.

    (p. 22, Rollo.)

    From said decision, the instant appeal has been interposed on the catch-all argument that no strong evidence exists which would link accused-appellant to the crime, his Sinumpaang Salaysay being inadmissible.

    The facts of the case, as borne out by the evidence, are concisely narrated by the appellee’s brief submitted by Solicitor General Raul L. Goco, Assistant Solicitor General Roman G. del Rosario, and Solicitor Esperanza Fabon-Victorino, to wit:chanrob1es virtual 1aw library

    Aurora Caguioa is a fifteen-year old barrio lass who used to work as domestic helper at the residence of Mrs. Virginia Organo in Las Pinas, Metro Manila. Sometime on the last days of March 1991, she went home for a vacation in their house at Bonogon, Mangatarem, Pangasinan. She first stayed in the house of her cousin at the Poblacion (Nov. 20, 1991, pp. 4 & 18). Two days thereafter, she proceeded to the barrio where her father appellant Rodolfo Caguioa, brother Randy and sisters Arlene and Rodina live (Id. 22).

    On April 5, 1991, at around 10 in the evening, Aurora was alone inside her room when a man held her and placed a piece of cloth on her face which caused her to dozed of. When she opened her eyes the following morning, she felt pain all over her body. There was bloodstain on her underwear and her genitalia was swollen. She knew she was sexually abused but did not know the culprit. She weep in helpless protest but kept the ordeal from her sisters and brothers who slept in the other room (Id., pp. 5-6) as well as to appellant who slept on the papag about two meters away from her room.

    On April 10, 1991, Aurora was left in the house together with appellant. Arlene went to Camiling while Rodina and Randy went to Poroc. It was midday, when appellant approached and asked Aurora to submit herself to him as he will repeat what he had previously done to her. He told her to agree otherwise he will not allow her to return to Manila. Aurora refused but appellant poked a knife on her neck and threatened to kill her if she will not give in to his beastly desire. Aurora trembled with fear as appellant undressed her. While holding Aurora, appellant removed his short pants and penetrated her (Id., pp. 6-8). After he had unleashed his lust on his own daughter, appellant left the crime site leaving Aurora, who, just like the first time, felt the pain all over her body.

    Meantime, Aurora found refuge in the house of his elder brother Jerry in Parian, Mangatarem, Pangasinan. After three days, she went back to her employer’s house in Las Pinas and narrated to Mrs. Organo her ordeal. The latter accompanied Aurora to the Human Rights Commission where she executed a Sinumpaang Salaysay dated May 23, 1991 narrating the criminal incidents (Exh. "A").

    Aurora was referred to the National Bureau of Investigation (NBI) where she was investigated by Agents Pedro L. Rivera and Ruel M. Lasala. She executed Sinumpaang Salaysay dated July 5, 1991 naming appellant as the culprit (Exh. "B"). Subsequently, appellant was arrested and brought to the NBI. In the presence of the authorities and press, Aurora identified appellant as the person who raped her twice in their house in Barrio Bunagan, Mangatarem, Pangasinan (Exh. "E" - "E-2").

    On May 24, 1991. NBI Medico Legal Ruberto M. Sombilon examined Aurora and thereafter issued Medico Legal Certificate MG-91-573. The report disclosed:jgc:chanrobles.com.ph

    "1. No evident sign of extra-genital physical injuries acted on the body of the subject at the time of examination.

    2. Hymen intact but distensible and its orifice wide (2.0 cm in diameter as to allow complete penetration by an averaged size adult Filipino male organ in full erection without producing any genital injury).

    3. Presumptive signs of pregnancy present, age of which may correspond to the middle part of the first trimester of gestation."cralaw virtua1aw library

    (TSN, November 20, pp. 32-33)

    On July 17, 1991, an affidavit of complaint was filed with the fiscal’s office for proper action (Exh. "C").

    As a result of the criminal act, Aurora became pregnant and gave birth to a baby girl she named Babellin Caguioa who has the physical features of Appellant.

    (pp. 4-8, Appellee’s Brief; ff. p. 106, Rollo.)

    Accused-appellant puts forth the defense of alibi, asserting that on April 10, 1991, he was out the whole day plowing a ricefield about one kilometer away from their house and that he did not go home that day to take his lunch. We have consistently hewed to the legal precept that alibi is one of the weakest defenses that can be resorted to by an accused not only because it is inherently weak and unreliable but also because it is easy of fabrication and cannot prevail over the positive identification of the accused (People v. Calope, 229 SCRA 413 [1994]). Accused-appellant was positively identified by his own daughter as the culprit who ravished her. It is inconceivable and contrary to human experience for a daughter, who is attached to her father by the natural bond of love and affection, to accuse him of rape, unless he is the one who raped and defoliated her. And the victim’s positive identification of accused-appellant as her rapist negates alibi (People v. Escoto, 229 SCRA 430 [1994]). Moreover, alibi must be supported by credible corroboration from disinterested witnesses, and where the defense of alibi is not corroborated, it is fatal to the accused (People v. Calope, supra). The record discloses not a shred of evidence to corroborate accused-appellant’s alibi. Further, for alibi to prosper, it must be shown that it was physically impossible for the accused to be present at the place where the crime was committed at the time of its commission (People v. Apa-ap, Jr., 235 SCRA 468 [1994]). By his own testimony, he was in the ricefield only one kilometer away from his house on April 10, 1991. He could have easily traversed the one-kilometer distance from the rice field to his house. Clearly, there was no physical impossibility for him to be present at the scene of the crime at the time of the commission thereof.

    In a further bid at exculpation, Accused-appellant assails the admissibility of his Sinumpaang Salaysay (Exhibit G) in which he admitted having raped his daughter. There is no necessity to delve into the admissibility of the Sinumpaang Salaysay. Excluding from consideration the Sinumpaang Salaysay, there is more than ample evidence to establish the guilt of Accused-Appellant. The testimony of the victim, Aurora Caguioa, stating that her father, Accused-appellant, raped her on April 10, 1991, is sufficient to convict Accused-Appellant. Her testimony is clear, positive, and candid. She narrated her ordeal at the hands of her own father in detail and in a straightforward manner. She recounted how her father raped her on April 10, 1991. Her father told her that he wanted to repeat what he had previously done to her and she had to yield to his demonic demand lest she would not be allowed to return to Manila. Aurora refused but she was seized with fear when accused-appellant poked a knife at her neck and threatened to kill her. She struggled against accused-appellant to ward off accused-appellant from consummating his bestial designs, but accused-appellant succeeded in satisfying his lust on his own daughter. The testimony of Aurora must be given full faith and credibility for there is nothing on record to show that she was actuated by ill motives in making the accusation of rape against her own father. Well-entrenched is the rule that the testimony of a rape victim is credible where she has no ill motive to testify against the accused (People v. Matanorosa, 231 SCRA 509 [1994]). The fact that accused-appellant can not proffer any explanation as to why the complainant implicated him indicates that no improper motive impelled the complainant to accuse the former of such a serious offense (People v. Sagaban, 231 SCRA 744 [1994]).

    Rape is committed by having carnal knowledge of a woman by using force or intimidation (Article 335, Revised Penal Code; People v. Paliete, 229 SCRA 543 [1994]). Clearly, the facts of the case show that accused-appellant is guilty of having raped his own daughter on April 10, 1991.

    However, as to the alleged rape committed on April 5, 1991 (Criminal Case No. L-4494), it is our considered opinion that there is no sufficient evidence to prove the same. The only piece of evidence adduced to prove it is the testimony of the victim that accused-appellant allegedly told her that he wanted to repeat what he had previously done to her. In fact, she was even candid to admit that she did not know who raped her the first time. We believe that her testimony that the accused told her that he wanted to repeat what he had previously done is merely a conclusion that she made, considering that her father raped her on April 10, 1991.

    WHEREFORE, the decision appealed from is hereby AFFIRMED in regard to accused-appellant’s conviction in Criminal Case No. L-4495, but REVERSED as to Criminal Case No. L-4494, in which accused-appellant is hereby acquitted.

    The last paragraph of the decision of the trial court is thus DELETED.

    SO ORDERED.

    Narvasa, C.J., Davide, Jr., Francisco and Panganiban, JJ., concur.

    G.R. Nos. 105690-91   July 26, 1996 - PEOPLE OF THE PHIL v. RODOLFO CAGUIOA, SR.


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