CASE No.

35 (Rape)
G.R. No. 182094

August 18, 2010

PEOPLE OF THE PHILIPPINES, Appellee,

vs.
EFREN ALFONSO, Appellant
FACTS:
Appelant Efren Alfonso was charged of two counts of rape for allegedly sexually molesting his two daughters AAA
and BBB, 3 years old and 5 years old respectively. On the night of April 7, 2002, while CCC, the mother of the
victims, was away with two of her sons to have one of them treated by a quack doctor in nearby municipality. Efren
molested AAA by inserting his forefinger in her vagina and thereafter sexually assaulted BBB by having carnal
knowledge with her. CCC came home the next day with her daughters crying and in a state of shock. She brought
them to the hospital for a medical examination and upon being asked what happened, they told her that their father
had sexually molested them while she was away. Days later, she filed a rape case before the regional trial court
against her husband.
During trial, the two minor victims testified and positively identified their father as the perpetrator and corroborated
each others statement against their father. The results of the medical examination and the statement of the
examining physician was also presented as evidence in court.
Appellant avers that it was his step-son who raped the victims and not him. Moreover, he alleges that his wife was
only coaching her daughters to testify against him so that his step-son will evade the case.
The RTC did not find credence on the testimony of Efren and placed more weight on the testimonies of the minor
victims as supported by the results of the medical examination conducted by the physician witness following the
date of the discovery of the crime.
The RTC found Efren guilty beyond reasonable doubt of the offense of Rape by Sexual Assault and Statutory Rape,
both with the qualifying circumstances under number 1 of Article 266-B of Republic Act 8353 that the victim is under
18 years of age and the offender is a parent and under number 5 thereof that the victim is a child below seven years
old as charged in the Information; and to suffer the indeterminate penalty of 6 years and 1 day of prision mayor as
minimum, to 17 years,4 months and 1 day of reclusion temporal, as maximum and the penalty of death,
respectively.
The Court of Appeals dismissed their appeal and affirmed the decision of the RTC with modifications as to the
amount of indemnity.
ISSUE:
Whether or not the lower courts erred in giving full credence to the statements of the two minor victims and for
disregarding his defense that the allegations were fabricated by his wife.
RULING:
The court held that it is highly improbable that the allegations were fabricated by his wife. It would be unlikely for a
mother to coach her daughters to testify falsely against their father and allow them to go through the rigors of a
public trial just to have her husband convicted for a crime he did not commit. Moreover, despite their young age, the
court finds the minor victims competent witnesses considering the manner they testify, and the way they perceive,
remember, communicate, distinguish truth from falsehood, and appreciate the duty to tell the truth in court. The
victims both testified in a straightforward and credible manner despite the rigid cross-examination by the appellants
counsel they remained steadfast throughout her narration and positively identified their father as the perpetrator of
the crime. The court found it unusual that the appellant did nothing at all upon learning of the sexual molestations
suffered by his daughters which were allegedly committed by his step-son hence the court disregards the
insinuation by the appellant that it was his step-son who did the crime.
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Consequently, the Court affirmed the lower courts decision with modifications as to the amount of damages and
indemnities granted and that the penalty of death be commuted to reclusion perpetua.
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Semester A/Y 2014-2015 by J.A. Buenaventura