THE PEOPLE OF THE PHILIPPINES, vs. MARCOS ABUYAN, JR., Y UDARBE.
- G.R. Number: G.R. No. 95254
- Promulgated: 1992-07-21
- Ponente: Gutierrez, Jr., J.
Doctrine
The minimum requirement of an alibi is physical impossibility for the accused to be at the scene; mere opportunity to travel does not establish alibi.
In rape cases, the complainant's positive identification of the accused is decisive, especially when corroborated by other testimony.
Facts
Accused-appellant Abuyan was charged in two separate informations for two crimes of rape filed by private complainant Gelen Udarbe on 5 March 1984.
The trial court convicted Abuyan and imposed reclusion perpetua and ordered indemnification of P30,000 to the private offended party in each case.
Appellant asserted alibi and contended rape could not have occurred at the Pedrera house because of the number of people allegedly present there.
The complainant positively identified the accused, having lived in the same house with him for seven months; prosecution presented corroborating testimony that others were not at home during the relevant period.
Issues
Whether the accused's alibi and other contentions create reasonable doubt as to his guilt for rape.
Whether the identification and corroborating evidence suffice to sustain conviction beyond reasonable doubt.
Ruling
The Court rejected the alibi: physical impossibility was not shown and the alibi was flimsy given travel time; thus it did not create reasonable doubt.
The Court found the complainant's positive identification and corroborating testimony sufficient to prove guilt beyond reasonable doubt and affirmed the conviction and sentence in toto.
Keywords
G.R. No. 95254, crimes of rape, force, threats and intimidation, kitchen knife, carnal knowledge, against her will and consent, plea of not guilty, guilty beyond reasonable doubt, Article 335 of the Revised Penal Code, RECLUSION PERPETUA, accessory penalties, indemnify the private offended party, mitigating or aggravating circumstances, testimony of complaining witness, sexual assault, proof beyond reasonable doubt, knife, happened, november, after