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032 - People v. Baro
032 - People v. Baro
BARO
June 5, 2002 | Panganiban, J. | Introduction and Admissibility of
Evidence Alibi
Digester: Tan, Raya Grace
SUMMARY: Baro was charged with 3 counts of rape by Roda. He
pleaded not guilty and interposed the alibi that he was in Catubig,
Northern Samar when the alleged rapes were committed. Based
solely on the complainants testimony, RTC convicted him of 3
counts of rape and sentenced him to reclusion perpetua for each
count. SC reversed the RTC decision and acquitted Baro. It held
that complainants testimony was not credible, unable to prove
accuseds guilt beyond reasonable doubt. The accuseds defense of
alibi is valid.
DOCTRINE: An alibi is the plea of having been somewhere other
than at the scene of the crime at the time of its commission. To
prosper, it must be demonstrated that the person charged with the
crime was not only somewhere else when the offense was
committed, but was so far away that it would have been physically
impossible to have been at the place of the crime or its immediate
vicinity at the time of its commission.
FACTS:
December 17, 1997 Roda Ongotan filed a complaint for 3
counts of rape against Ernie Baro.
It was alleged that he raped her on January 5, 1995, March 5,
1995 and April 16, 1996, in her bedroom (2 armslength wide
and 1 armslength long). Roda, along with her parents, 8
other siblings and 1 uncle occupied the 2nd floor of the house.
Complainant described each rape as follows: the appellant
enters her room, covers her mouth with a handkerchief,
threatens to kill her if she shouted, pulls down her underwear,
pokes a balisong at her, and inserts his penis into her vagina
and she couldnt remember how long the appellants penis was
inside her.
Medico-legal officer Dr. Freyra found lacerations in Rodas
hymen, opined that these lacerations could have been caused
by any hard blunt object like an erect male organ.
Accused-appellant Baro pleaded not guilty to all three charges.
His alibi: he was engaged in copra farming in Catubig,
Northern Samar prior to November 15, 1996, when he came to
Manila with his wife and 3 kids to find work upon the request
and invitation of his niece (Rodas mom). They stayed at
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