GERONIMO ORDINARIO, petitioner, vs. PEOPLE OF THE PHILIPPINES and COURT CO URT OF APPEALS, APPEALS, respondents. (G.R. No. 155415, May 20, 2004 FACTS!
The case before this Court relates to an affirmance by the Court of Appeals of the joint decision, decision, dated 20 October October 1999, rendered rendered by the e!ional e!ional Trial Court of "a#ati City, City, $ranch 1%&, in Criminal Cases 'o. 99(299 to 'o. 99(%10, inclusive, convictin! petitioner )eronimo Ordinario, on t*elve +12 counts, of havin! committed punishable acts under Article 2--(A of the evised enal Code. The indictments, indictments, under t*elve +12 separate separate /nformations /nformations filed by the City rosecutor of "a#ati City on 2- ebruary 1999, *ere uniformly *orded, ecept *ith re!ard to the date of commission of the offenses. Complainant ayson amos and accused(appellant *ere student and teacher, respectively, respectively, at 'icanor )arcia 3lementary 4chool durin! the time the alle!ed crime *as perpetrated. ayson *as then a fourth(!rader and accused(appellant *as his teacher in $oy 4cout. /n the same manner, manner, Accused(appel Accused(appellant lant ordered ayson ayson to strip strip off. $are to the s#in, accused(appel accused(appellant lant appr approac oache hed d ayso ayson n and and star starte ted d #iss #issin in! ! him him all all over over his his body body incl includi udin! n! his his male male or!a or!an. n. Thereafter, accused(appellant inserted his private part into the mouth of ayson. The counsel of the accused interposed the defense of alibi on the part of the ayson, presentin! several *itnesses particularly on the account of the time of commission and the place of the commission. ISSUE!
5hether or not Ordinario is liable for the crime of rape under 2--(A of the evised enal code6 RULINGS!
The defense of alibi mi!ht prosper if it is at least sho*n +1 that the accused is in another place at the time of the commission of the offense, and +2 that it *ould have been physically impossible for him to have been at the crime scene or *ithin its immediate vicinity. Alibi cannot be sustained *here it is not only *ithout credible corroboration, but it also does not on its face demonstrate the physical impossibility of the accused7s presence at the place and time of the commission of the offense. Appellant himself has admitted that *hile his class *ould end at one o7cloc# in the afternoon, he occasionally *ould still !o bac# to school late in the afternoon to oversee the school7s poultry project. The definition of the crime of rape has been epanded *ith the enactment of epublic Act 'o. &%8%, other*ise also #no*n as the Anti(ape a* of 199:, to include not only ;rape by seual intercourse; but no* li#e*ise ;rape b y seual assault.; 4ection 2 of the la* provides< p rovides<
4ec. 2. ape as a Crime A!ainst ersons. = The crime of rape shall hereafter be classified as a Crime A!ainst ersons under Title 3i!ht of Act 'o. %&18, as amended, other*ise #no*n as the evised enal Code. Accordin!ly, there shall be incorporated into Title 3i!ht of the same Code a ne* chapter to be #no*n as Chapter Three on ape, to read as follo*s< Article 2--(A. ape> 5hen And ?o* Committed. = ape /s Committed = 1 $y a man *ho shall have carnal #no*led!e of a *oman under any of the follo*in! circumstances< +a Throu!h force, threat, or intimidation> +b 5hen the offended party is deprived of reason or other*ise unconscious> +c $y means of fraudulent machination or !rave abuse of authority> and ;+d 5hen the offended party is under t*elve +12 years of a!e or is demented, even thou!h none of the circumstances mentioned above be present. 2 $y any person *ho, under any of the circumstances mentioned in para!raph 1 hereof, shall commit an act of seual assault by insertin! his penis into another person7s mouth or anal orifice, or any instrument or object, into the !enital or anal orifice of another person. 5?33O3, the jud!ment appealed from, convictin! petitioner )eronimo Ordinario of rape by seual assault on t*elve +12 counts, and sentencin! him therefor, is affirmed *ith modification in that petitioner )eronimo Ordinario is ordered to pay private complainant 28,000.00 civil indemnity and 28,000.00 moral dama!es for each count of rape by seual assault. The a*ard of eemplary dama!es is deleted. Costs a!ainst petitioner.
