A: He drew out his penis, Ma'am.
Q: After he drew out his penis, what happened?
A: He inserted his penis into my private part, Ma'am.[17]
Further, "AAA" testified that on September 28, 2005, while she was asleep, she felt
someone touching her vagina. Upon opening her eyes, "AAA" saw that it was Padlan
who was touching her vagina.[18]
As shown by "AAA's" testimony, she was able to narrate in a clear and candid
manner how Padlan raped and molested her. Being a 9-year old rape victim, her
testimony deserves full weight and credence. "[A] girl of tender years, who barely
understands sex and sexuality, is unlikely to impute to any man a crime so serious
as rape, if what she claims is not true."[19] Moreover, the defense did not present
any improper motive on "AAA" why she would impute a serious charge of rape
against Padlan. Verily, we affirm the CA that all the elements of Rape and Acts of
Lasciviousness had been proven in the case at bar.
Besides, the RTC found that "AAA's" testimony was credible since it was given in a
categorical, straightforward, spontaneous, and frank manner despite her young
age.[20] We find no compelling reason to deviate from these findings especially since
the CA affirmed the same. The finding of credibility should not be overturned since
the trial court judge had the opportunity to personally examine the demeanor of the
witnesses when they testified on the stand. The finding of credibility may be
overturned only when certain facts or circumstances are overlooked,
misunderstood, or misapplied, and the same could have materially affected the
outcome of the case. No such circumstance is present in the case at bar. Thus, the
finding for "AAA's" credibility stands.
For his defense, Padlan denied the charges against him and presented an alibi. He
contended that on the dates when the rape and acts of lasciviousness were alleged
to have been committed, he was either in Nueva Ecija buying vegetables for resale
in Bulacan, collecting payments from his buyers at the market and resting at home
thereafter, or watching television at home. These are all uncorroborated selfserving statements. Time and again, the Court has held that denial and alibi are
inherently weak defenses that cannot prevail over the positive and categorical
testimony and identification of the complainant.[21] Moreover, for alibi to prosper, it
is insufficient that the accused prove that he was somewhere else when the crime
was committed; he must likewise establish that it was physically impossible for him
to have been present at the scene of the crime at the time of its commission.
In this case, while Padlan alleged that on August 7, 2005 he was in Nueva Ecija
with his employer buying vegetables, Padlan failed to present the testimony of such
employer. Consequently, his claim remained uncorroborated and unsubstantiated.
As such, in the face of the accusation against him, his alibi cannot prevail over the