GR 118990; (November, 1996) (Digest)
G.R. No. 118990 November 28, 1996
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. FERDINAND BALISNOMO, accused-appellant.
FACTS
The accused-appellant, Ferdinand Balisnomo, was charged with the rape of eleven-year-old Ardel Banay, a mental retardate, on May 17, 1983, in Patnongon, Antique. The prosecution presented Ardel, who testified that Balisnomo brought her to a house, undressed her, laid on top of her, and inserted his penis into her vagina, causing her pain. Her father, Arturo Banay, testified to discovering blood on her thighs that afternoon and her subsequent revelation of the rape. Dr. Deogracias Solis medically confirmed fresh lacerations on her hymen and fourchette, consistent with recent sexual penetration.
The defense presented an alibi, with Balisnomo claiming he was asleep at home and suggesting the charge was fabricated due to a prior monetary dispute with Arturo. The homeowner, Silverio Roselio (“Lolo Viong”), denied Ardel was at his house on the date in question. The Regional Trial Court convicted Balisnomo of rape and sentenced him to reclusion perpetua.
ISSUE
Whether the trial court erred in convicting the accused based on the testimony of a mentally retarded victim and in rejecting the defense of alibi.
RULING
The Supreme Court affirmed the conviction. The legal logic is anchored on established doctrines of evidence and witness competency. First, the mental retardation of a victim does not automatically disqualify her testimony. Competency depends on the witness’s ability to communicate perceptions coherently. The trial court, which observed Ardel’s demeanor firsthand, found her account of the sexual assault clear and consistent, warranting full credence. This assessment is accorded great respect on appeal.
Second, the medical evidence corroborated her testimony, proving recent carnal knowledge. The defense’s imputation of improper motive—a prior quarrel over money—was deemed insufficient to overturn the positive identification, as it is highly improbable a father would subject his daughter to public shame for a trivial reason. Finally, the defense of alibi must fail. Alibi is inherently weak and cannot prevail over the positive and credible testimony of the victim, who directly identified Balisnomo as her assailant. The Court thus upheld the conviction, modifying only the civil indemnity to Fifty Thousand Pesos (P50,000.00) in line with prevailing jurisprudence.