G.R. No. 130593 - PEOPLE OF THE PHILIPPINES, VS. ROMEO ARILLAS Y MONTOYA, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, in view of the foregoing, joint judgment is hereby rendered in these two (2) cases finding the accused ROMEO ARILLAS Y MONTOYA, guilty beyond reasonable doubt of the two charges of rape filed against him, defined and punished under Article 335 of the Revised Penal Code as amended by Republic Act No. 7659 and is hereby sentenced to suffer the penalty of death. And as civil liability to pay Amor O. Arillas the amount of P100,000.00 for actual and moral damages. "Let the entire records of these cases be forwarded immediately to the Honorable Supreme Court for automatic review pursuant to Sec. 22 of Republic Act No. 7659, amending Article 47 of the Revised Penal Code." [17] Against this judgment, accused-appellant assigns a single error, viz .: "THE COURT OF ORIGIN HAS COMMITTED AN ERROR IN NOT ACQUITTING THE ACCUSED-APPELLANT OF THE CRIMES CHARGED DESPITE THE PRESENCE OF REASONABLE DOUBT TO EXCULPATE HIM OF THE SAME." [18] In his brief, accused-appellant insists that even if his defense is merely denial and alibi, reasonable doubt exists as to his guilt. [19] He maintains that these cases were filed against him out of spite. They were the end result of the quarrel between him and an uncle of the private complainant. He argued that his testimony to this effect was never rebutted by the prosecution. We are not persuaded. It is the teaching of countless cases that for the defense of alibi to prosper, it must be proven that during the commission of the crime, the accused was in another place and that it was physically impossible for him to be at the place where the crime was committed. In the cases at bar, appellant's bare allegations that he was in the rice field when his daughter was raped on December 23, 1995 and that he was in San Jose, Minalabac, Camarines Sur when his daughter was again raped on February 10, 1996 cannot exculpate him. The positive assertions of his daughter that he raped her is entitled to greater weight. Her candid and straightforward testimony that she lost her virginity is supported by the medical findings of the Municipal Health Officer. The claim of the appellant that the cases at bar were filed out of spite did not convince the trial court, and so are we not convinced. Aside from the fact that he failed to substantiate this claim, it is highly inconceivable why Amor would falsely accuse appellant, her father, just to advance the interest of her uncle in a quarrel. More worthy of credence is the statement of Amor that she filed these cases because she could no longer bear the conduct of her father. After his bestial acts, he did not allow her to go out of their house and he inflicted harm on her and her siblings. She feared that he still wanted to ravish her. [20] Needless to state, appellant cannot contend that the prosecution failed to rebut the motive he ascribed to the relatives of Amor. The prosecution does not have to rebut his outlandish claim. An allegation that does not merit any credence need not be rebut