of a person being raped or has been raped.40 AAA's conduct, i.e., nonchalance or
indifference in the presence of the accused-appellant immediately after the latter
supposedly raped her, is also not enough to discredit her. As earlier stated, victims of a
crime as heinous as rape, cannot be expected to act within reason or in accordance
with society's expectations.41 It is unreasonable to demand a standard rational reaction
to an irrational experience, especially from a young victim.42 One cannot be expected to
act as usual in an unfamiliar situation as it is impossible to predict the workings of a
human mind placed under emotional stress.43 Moreover, it is wrong to say that there is
a standard reaction or behavior among victims of the crime of rape since each of them
had to cope with different circumstances.44
ChanRoblesVi rtual awlib rary
Anent accused-appellant's defense of alibi, the Court, likewise, quotes the findings and
conclusions of the CA with approval, to wit:
x x x [A]ccused-appellant's defense of alibi deserves scant consideration.
chanRoblesvi rtua l Lawlib rary
For the defense of alibi to prosper, the accused must prove not only that he was at
some other place at the time of the commission of the crime, but also that it was
physically impossible for him to be at the locus delicti or within its immediate vicinity.
Physical impossibility refers not only to the geographical distance between the place
where the accused was and the place where the crime was committed when the crime
transpired, but more importantly, the facility of access between the two places. Due to
its doubtful nature, alibi must be supported by clear and convincing proof.
In the instant case, the accused-appellant failed to demonstrate that it was physically
impossible for him to be at the mango tree where the rape of AAA took place. It would
indeed be too fragile an alibi for an accused to establish such impossibility where
the locus delicti and the house of Pedro Esplana - the place where he was supposedly
having a drinking spree with friends - are located in the same barangay.
x x x45
cralawred
At this juncture, it bears to reiterate the rule that in criminal cases, an examination of
the entire records of a case may be explored for the purpose of arriving at a correct
conclusion, as an appeal in criminal cases throws the whole case open for review, it
being, the duty of the court to correct such error as may be found in the judgment
appealed from, "whether they are made the subject of the assignment of errors or
not.46 Consistent with this rule, the Court digresses from the rulings of the RTC and the
CA finding accused-appellant guilty only of the crime of statutory rape, as the Court
finds that accused-appellant was, in fact, charged and proven guilty of two counts of
rape.
A perusal of the Information filed against accused-appellant would show that he was
charged with two offenses, the first of which is rape under paragraph 1 (d), Article 266A of the RPC, as amended, and the second is rape as an act of sexual assault under
paragraph 2, Article 266-A of the same law. Accused-appellant was charged of having
carnal knowledge of AAA, who was under twelve years of age at the time, under
paragraph 1 (d) of Article 266-A, and he was also charged of committing rape through
sexual assault by inserting his finger into the genital of AAA under the second
paragraph of Article 266-A, pertinent portions of which provide as follows:
Art. 266-A Rape; When And How Rape is Committed. chanRoblesvirtual Lawlib ra ry