G.R. No. 112449 -50; July 31, 2000
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. MARCELINO SAN JUAN y SALAZAR, accused-appellant.

FACTS

On November 6, 1992, in Kalookan City, two separate criminal incidents occurred along Gardenia Street. In the first, private complainant Gina Abacan, a student walking home, was accosted by a man who pointed a knife at her, dragged her to a vacant lot, and robbed her of cash and jewelry. Subsequently, despite her pleas, the accused forcibly had carnal knowledge of her. She immediately reported the robbery with rape. In the second incident, occurring shortly before, Angela Ong, a teacher walking home, was attacked by a man who used a rope to lasso her, causing her to fall. He then pointed a knife, brought her to a vacant lot, and robbed her of her valuables. Both victims positively identified the appellant, Marcelino San Juan, as their assailant in court.
The defense presented an alibi, claiming the appellant was at home with his family at the time of the incidents. His wife corroborated this testimony. The Regional Trial Court convicted appellant of robbery with rape in Criminal Case No. C-41463 and highway robbery in Criminal Case No. C-41464, sentencing him to reclusion perpetua for the first crime and an indeterminate prison term for the second. The appellant appealed, arguing the trial court erred in giving credence to the prosecution witnesses’ testimonies and in rejecting his defense of alibi.

ISSUE

The core issue is whether the prosecution proved the guilt of the appellant for the crimes of robbery with rape and highway robbery beyond reasonable doubt.

RULING

The Supreme Court affirmed the conviction. The Court found the testimonies of the two private complainants to be clear, credible, and consistent. Their positive identification of the appellant, whom they observed at close range during the well-lit incidents, was deemed reliable and prevailed over the weak defense of alibi. The Court emphasized that for alibi to prosper, the accused must demonstrate not only his presence elsewhere but also the physical impossibility of being at the crime scene. The appellant failed to establish this impossibility, as his claimed location was not so far as to preclude his presence at the locus criminis. The alibi, corroborated only by his spouse, was inherently weak.
Regarding the crime of robbery with rape, the Court upheld the trial court’s finding that the rape was committed on the occasion of the robbery, constituting a single special complex crime. The force and intimidation employed for the robbery facilitated the subsequent rape. The medico-legal report, while noting no spermatozoa, confirmed fresh lacerations consistent with recent sexual intercourse, supporting the victim’s account. The Court modified the award by ordering the appellant to pay Gina Abacan P50,000.00 as civil indemnity ex delicto, in line with prevailing jurisprudence. The penalties imposed by the trial court were affirmed.