People v. Cordero
REITERATIONFacts
The Antecedents: The Nana family resided in Sitio San Antonio, Brgy. Arzadon, San Manuel, Pangasinan, neighboring appellant Asterio Cordero alias 'Teryo,' a 63-year-old farmer and president of the local Irrigation Association. On January 17, 1998, around noon, Cordero lured 15-year-old Mirasol Nana and her 10-year-old sister Loida to his cornfield under the pretense of gathering corn; there, he assaulted Mirasol by boxing her stomach, removing her clothing, threatening them with a bolo, and raping her while Loida watched helplessly, warning of death if reported. Five days later, on January 22, 1998, Cordero repeated the lure to a guava tree for young corn, separated Loida, and raped Mirasol again similarly, thrusting his bolo threateningly post-assault. The sisters concealed the incidents due to fear until June 4, 1998, when Mirasol's pregnancy (confirmed at 4 months, LMP February 5, 1998) surfaced, leading to revelation implicating Cordero. Separately, on June 2, 1998, afternoon, Cordero intercepted 13-year-old Teresa Nana (Mirasol's sister) and her brother Antonio Jr. while returning from pasturing goats, sent the boy home, twisted Teresa's arm, dragged her to an irrigation canal, boxed her unconscious, raped her multiple times (inserting penis thrice over 10-15 minutes), leaving her bloodied, and threatened family slaughter if reported; Teresa disclosed on June 7 during dinner. Medical exams corroborated: Dr. Gloria Liberato found Mirasol's healed hymenal lacerations (5:00, 7:00 positions), pregnancy, and (+) whitish discharge; Dr. Julie Alcancia noted Teresa's healed vaginal lacerations (1,3,6,9 o'clock) admitting 2 fingers easily. Procedural History: Antonio Nana reported Mirasol's rapes post-pregnancy revelation via Brgy. Capt. Eusebio Cerdeña to San Manuel police on June 9, 1998; Teresa's on June 8, 1998, similarly. Three Informations filed June 22, 1998, by Asst. Prosecutor Marlon S. Meneses charging statutory rape via force/intimidation under Art. 335 RPC as amended. Arraigned July 20, 1998, not guilty plea; joint trial before RTC Urdaneta City Br. 46 (Judge Modesto C. Juanson). Prosecution presented victims, Loida, parents, barangay officials, doctors; defense alibi witnesses, denial. RTC convicted November 26, 1998: reclusion perpetua per count, P50k moral + P20k exemplary damages each, immediate transfer to NBP. The Petition: Appellant appealed directly to SC, arguing innocence, no corn in January (only palay/tobacco), victims' testimonies incredible/lies, conspiracy/extortion by Nanas/Corpuzes over irrigation fees/P500k demand, his 63-year-old impotency, alibi (home Jan 17/22; NIA seminar Cabacaraan June 2, 8am-5pm, distance not impossible), barangay admissions misconstrued, spreading rumors himself implausible.
Issue(s)
Whether the prosecution proved appellant's guilt beyond reasonable doubt in three counts of rape against minor sisters Mirasol and Teresa Nana, considering defenses of advanced age, impotency, alibi, and fabricated charges for extortion; and the admissibility and weight of evidence presented. Whether the trial court erred in crediting victims' testimonies over inconsistencies and defense evidence, and the propriety of the damages awarded.
Ruling
The appeal is DENIED and the assailed Decision is MODIFIED by the additional GRANT of P50,000 as indemnity ex delicto for each count of rape and the deletion of the award of exemplary damages. Costs against appellant.
Ratio Decidendi
On Sufficiency of Prosecution Evidence, Credibility, Advanced Age/Impotency, and Alibi: The categorical, positive, and straightforward testimonies of minor victims Mirasol (15yo, raped twice) and Teresa (13yo, raped once), corroborated by eyewitness sibling Loida (10yo), medical findings (pregnancy, healed lacerations admitting 2 fingers, blood), and appellant's tacit admissions to Brgy. Capts. Cerdeña/Racadio of 'problem with two children' seeking settlement (admissible under Sec. 27 Rule 130), established guilt beyond reasonable doubt under Art. 335 RPC as amended by RA 7659/8353 (force/intimidation on minors). Rural barrio girls, full-blood sisters with prior good neighbor relations, lack motive to fabricate lurid tales subjecting themselves/family to public humiliation, trial scrutiny, genital exams—concealing 5-6 months until pregnancy/symptoms forced disclosure defies conspiracy/extortion claims (unproven P500k demand). Trial court's firsthand demeanor observation entitled to utmost respect (People v. Sarmiento, People v. Operaña; People v. Abalde, People v. Baygar); no overlooked substantial facts—corn absence immaterial as gravamen is positive ravisher identification, lures mere blandishments. Defense denial/alibi/rebuttal witnesses overcome by victims' consistency on force (boxing stomach, arm-twist, bolo threats), pain, penetration. Precedents affirm: young lasses cry rape only for justice (People v. Talo, People v. Malabad). Appellant's 63yo age/impotency claim rejected outright—old age alone no defense; presumption favors potency as impotency abnormal, requiring certain proof (People v. Olmedillo; Menciano v. Neri San Jose; People v. Palma). Robust farmer, Irrigation Assn. president, married w/5 children presented no medical evidence of incapacity pre-incidents; Court convicted 70yo (People v. De Guzman, twice raping 16yo) and 69yo w/CAD (People v. del Rosario, raping 29yo). No rebuttal shifts burden. Alibi is the weakest defense, easily fabricated—requires physical impossibility + clear evidence (People v. Hofileña, People v. Legaspi, People v. Llanes). Seminar in nearby Cabacaraan (short from Sitio San Antonio, Brgy. Arzadon) during 8am-5pm June 2 did not preclude 3pm canal rape; positive ID prevails. On Credibility of Victims' Testimony and Damages: Trial court's assessment of the victims' credibility is upheld, as their testimonies were consistent and corroborated by evidence. Affirm moral P50k/count; add mandatory indemnity ex delicto P50k/count (People v. Abalde, People v. Cula, People v. Adora, People v. Ponayo); delete exemplary P20k/count—no aggravating circumstances proven (People v. Ebrada, People v. Nialda, People v. Caballes).
Main Doctrine
Old age, by itself, is not a defense in a rape case; to overcome the prosecution's evidence, the accused must present convincing proof of physical inability to consummate carnal knowledge, as there exists a strong presumption in favor of potency given that impotency is an abnormal condition requiring certain proof to rebut. The testimonies of young rape victims, especially siblings from rural settings with no motive to falsely accuse except to seek justice, deserve full faith and credence, particularly when corroborated by medical evidence of healed lacerations, pregnancy, and positive identification, outweighing defenses like denial or conspiracy for extortion. Alibi is inherently weak and must fail unless physical impossibility is shown; mere attendance at a nearby seminar (short distance away) does not preclude presence at the crime scene. Factual findings of the trial court on credibility, based on direct observation of witnesses' demeanor, are entitled to utmost respect on appeal absent overlooked substantial facts altering the outcome. Convicted rapists of minors are entitled to P50,000 civil indemnity ex delicto per count as liquidated damages, plus moral damages if awarded below, but exemplary damages require proof of aggravating circumstances and are deleted otherwise.