strengthen the credibility of her testimony.[23]
EEE's claim that the element of force, threat or intimidation is wanting in his case
has no merit.
x x x A person accused of a serious crime such as rape will tend to escape liability
by shifting the blame on the victim for failing to manifest resistance to sexual
abuse. However, this Court has recognized the feet that no clear-cut behavior can
be expected of a person being raped or has been raped. It is a settled rule that
failure of the victim to shout or seek help does not negate rape. Even lack of
resistance will not imply that the victim has consented to the sexual act, especially
when that person was intimidated into submission by the accused. In cases where
the rape is committed by a relative such as a father, stepfather, uncle, or commonlaw spouse, moral influence or ascendancy takes the place of violence.[24]
For the defense of alibi to prosper, the accused must prove (a) that he was present
at another place at the time of the perpetration of the crime, and (b) that it was
physically impossible for him to be at the scene of the crime during its
commission.[25] "Physical impossibility" means the distance and the facility of access
between the situs of the crime and the location of the accused when the crime was
committed; it must be demonstrated that the accused was so far away and could
not have been physically present at the crime scene and its immediate vicinity upon
its commission.[26] If there is the least possibility of his presence at the locus
criminis, the defense of alibi will not prosper.[27]
In an effort to exculpate EEE, the defense professed that he and BBB, together with
AAA, no longer lived together in Biso since April 2006 and that on the date and time
of the alleged rape he was working in a ricefield in Gintuangan together with GGG
and FFF. Both the RTC and the CA found that these excuses failed to prove the
physical impossibility of his being at the scene of the crime at the approximate time
of its commission. As a rule, factual findings of the trial court and the conclusions
based on these factual findings are to be given the highest respect.[28] As well,
factual findings of the appellate court generally are conclusive, and carry even more
weight when said court affirms the findings of the trial court, absent any showing
that the findings are totally devoid of support in the records, or that they are so
glaringly erroneous as to constitute grave abuse of discretion.[29]
Lastly, with respect to the penalty imposed, the courts below were correct in
imposing the penalty of reclusion perpetua, instead of death by virtue of Republic
Act No. 9346, as the rape is qualified by AAA's minority and her relationship to EEE.
On the award of damages, consistent with People v. Jugueta,[30] the amounts of
damages shall be P100,000.00 as civil indemnity, P100,000.00 as moral damages,
and P100,000.00 as exemplary damages. Further, six percent (6%) interest per
annum is imposed on all the amounts awarded reckoned from the date of finality of