People v. Ocampo
REITERATIONFacts
The Antecedents: Accused-appellant Fernando Ocampo y Cabrera was charged with rape with homicide for the death of Evelyn Bildan y Danganan, a 10-year-old minor. The incident occurred on February 8, 1987, in Barangay Capalangan, Apalit, Pampanga. The victim was the niece of the accused-appellant's deceased wife. Mary Jane Bildan, the victim's elder sister, testified that she saw the accused-appellant naked ascending the stairs of their house. After about four minutes, she heard a loud thud and, upon peeping through a hole near the door, saw the accused-appellant naked making coital movements over the unconscious body of her sister, Evelyn, who was also naked. Frightened, Mary Jane shouted for help, prompting the accused-appellant to jump out of the window, still naked, taking his clothes with him. Jerry Lorenzo, a cousin, arrived and later, the accused-appellant returned and entered the house through a window. Inside, they found Evelyn's lifeless body. A post-mortem examination revealed that the victim was sexually abused and died of asphyxia by strangulation. The accused-appellant's defense was alibi, claiming he was playing cards at his adjacent house. Procedural History: The Regional Trial Court of Macabebe, Pampanga, found the accused-appellant guilty beyond reasonable doubt of rape with homicide and sentenced him to reclusion perpetua, with indemnity to the heirs of the victim. The Petition: The accused-appellant appealed the decision, alleging that the trial court erred in convicting him.
Issue(s)
Whether the testimony of Mary Jane Bildan, the victim's sister, is credible despite the delay in reporting the incident. Whether the accused-appellant's return to the scene of the crime and subsequent opening of the door are inconsistent with human nature for a guilty person. Whether the defense of alibi is tenable in light of the positive identification by the victim's sister.
Ruling
The Supreme Court affirmed the decision of the trial court, finding the accused-appellant guilty beyond reasonable doubt of rape with homicide. The Court modified the indemnity to be paid to the heirs of the victim, increasing it to P50,000.00.
Ratio Decidendi
On the credibility of Mary Jane Bildan and the delay in reporting: The Court found Mary Jane Bildan's testimony to be candid and forthright. The delay of four days in reporting the incident did not impair her credibility because she satisfactorily explained that she was afraid of the accused-appellant due to fear of reprisal. The Court reiterated the principle that delay or vacillation in making a criminal accusation does not impair the credibility of the witness if such delay is satisfactorily explained. Her timidity as a fifteen-year-old teenager witnessing such a horrific crime was deemed understandable, and her delay was attributed to natural reticence and abhorrence to get involved in a criminal case. The Court emphasized that findings of fact of the trial judge, who had the opportunity to observe the witnesses' demeanor, are generally not disturbed on appeal. On the accused-appellant's return to the scene: The Court acknowledged that flight is an indicator of guilt, but exceptional cases exist where culprits return to the scene. The accused-appellant's argument that his return is incongruous with human nature for a guilty person was dismissed. The Court noted that while not as common as flight, some perpetrators do return to ensure the victim's elimination under the guise of feigning innocence. This behavior, though less frequent, does not preclude its occurrence. The Court found that the accused-appellant's actions were not sufficient to overcome the positive identification made by Mary Jane Bildan. On the defense of alibi: The Court found the defense of alibi unavailing. For alibi to be tenable, the accused must prove that it was physically impossible for him to be at the scene of the crime at the time of its commission. The accused-appellant claimed he was playing cards at his house, which he admitted was adjacent to the victim's house. Therefore, there was no physical impossibility for him to have been at the scene of the crime. Furthermore, the persons allegedly playing cards with him were not presented to corroborate his version. The positive identification by Mary Jane Bildan directly contradicted his alibi.
Main Doctrine
The credibility of a witness who delays in reporting a crime due to fear of reprisal is not impaired, as such delay is satisfactorily explained by the natural reticence and abhorrence of individuals to get involved in criminal cases, especially when the witness is a minor and the perpetrator is a neighbor.