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WHO wants to have sex with a 68-year old woman perhaps for
P100,000? Nobody, unless you are a pervert like Jesus Baligo.
Baligo, 25, a tricycle driver from Cagayan, has
been found guilty beyond reasonable doubt by the Supreme Court for
raping a woman almost thrice his age and old enough to be his
grandmother or great grandmother.
The High Court’s Second Division, in a 12-page
decision penned by Associate Justice Leonardo Quisumbing, affirmed
an earlier ruling by the Regional Trial Court of Cagayan and the
Court of Appeals which also meted Baligo a 25-year prison term,
aside from paying P100,000 in moral and exemplary damages.
Concurring with the decision were Associate
Justices Conchita Carpio-Morales, Dante Tinga, Presbitero Velasco
Jr. and Arturo Brion.
Baligo denied that he raped the old woman,
saying that he could not in conscience do that as the woman was
already 68 years old when the incident happened.
But the High Tribunal dismissed his alibi
and placed more credence on the testimony of the victim, who
narrated to the court in clear and straightforward manner how the
suspect attacked and violated her in the most brutal manner.
The victim’s testimony was supported by
medical evidence recovered by forensic investigators, which showed
that she was raped.
”Rape is generally unwitnessed and oftentimes,
the victim is left to testify for herself. Thus, in resolving rape
cases, the victim’s credibility becomes the primordial
consideration. If a victim’s testimony is straightforward,
convincing and consistent with human nature and the normal course of
things, unflawed by any material or significant inconsistency, it
passes the test of credibility and the accused may be convicted
solely on the basis thereof,” the High Court pointed out.
Court records showed Baligo attacked and raped
the victim sometime in August 19, 2001 while the latter was on her
way to her sister’s house in Cagayan.
Baligo was drinking heavily with friends when he
caught fancy of the 68-year-old victim who passed along their
drinking table.
The Cagayan court, where the case was
first heard, gave credence to the victim’s testimony and physical
evidence recovered. Likewise, the lower court conclusively junked
the suspect’s alibi, describing it as “weak” and easily
negated by the prosecution’s evidence.
The Court of Appeals affirmed the lower court
decision which sentenced Baligo to 25 years imprisonment and ordered
him to pay the victim P100,000 in damages.
-- William B. Depasupil
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