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GERONIMO ORDINARIO, petitioner, vs.


and COURT OF APPEALS, respondents.
(G.R. No. 155415, May 20, 2004)
The case before this Court relates to an affirmance by the Court of Appeals of the joint
decision, dated 20 October 1999, rendered by the Regional Trial Court of Makati City, Branch
138, in Criminal Cases No. 99-299 to No. 99-310, inclusive, convicting petitioner Geronimo
Ordinario, on twelve (12) counts, of having committed punishable acts under Article 266-A of
the Revised Penal Code. The indictments, under twelve (12) separate Informations filed by the
City Prosecutor of Makati City on 26 February 1999, were uniformly worded, except with regard
to the date of commission of the offenses.
Complainant Jayson Ramos and accused-appellant were student and teacher, respectively,
at Nicanor Garcia Elementary School during the time the alleged crime was perpetrated. Jayson
was then a fourth-grader and accused-appellant was his teacher in Boy Scout. In the same
manner, Accused-appellant ordered Jayson to strip off. Bare to the skin, accused-appellant
approached Jayson and started kissing him all over his body including his male organ.
Thereafter, accused-appellant inserted his private part into the mouth of Jayson.
The counsel of the accused interposed the defense of alibi on the part of the Jayson,
presenting several witnesses particularly on the account of the time of commission and the place
of the commission.
Whether or not Ordinario is liable for the crime of rape under 266-A of the Revised Penal code?
The defense of alibi might prosper if it is at least shown (1) that the accused is in another
place at the time of the commission of the offense, and (2) that it would have been physically
impossible for him to have been at the crime scene or within its immediate vicinity. Alibi cannot
be sustained where it is not only without credible corroboration, but it also does not on its face
demonstrate the physical impossibility of the accuseds presence at the place and time of the
commission of the offense. Appellant himself has admitted that while his class would end at one
oclock in the afternoon, he occasionally would still go back to school late in the afternoon to
oversee the schools poultry project.
The definition of the crime of rape has been expanded with the enactment of Republic
Act No. 8353, otherwise also known as the Anti-Rape Law of 1997, to include not only "rape by
sexual intercourse" but now likewise "rape by sexual assault." Section 2 of the law provides:

Sec. 2. Rape as a Crime Against Persons. The crime of rape shall hereafter be classified
as a Crime Against Persons under Title Eight of Act No. 3815, as amended, otherwise
known as the Revised Penal Code. Accordingly, there shall be incorporated into Title
Eight of the same Code a new chapter to be known as Chapter Three on Rape, to read as
Article 266-A. Rape; When And How Committed. Rape Is Committed
1) By a man who shall have carnal knowledge of a woman under any of the
following circumstances:
(a) Through force, threat, or intimidation;
(b) When the offended party is deprived of reason or otherwise
(c) By means of fraudulent machination or grave abuse of authority; and
"(d) When the offended party is under twelve (12) years of age or is
demented, even though none of the circumstances mentioned above be
2) By any person who, under any of the circumstances mentioned in paragraph 1
hereof, shall commit an act of sexual assault by inserting his penis into another
persons mouth or anal orifice, or any instrument or object, into the genital or anal
orifice of another person.
WHEREFORE, the judgment appealed from, convicting petitioner Geronimo Ordinario
of rape by sexual assault on twelve (12) counts, and sentencing him therefor, is affirmed with
modification in that petitioner Geronimo Ordinario is ordered to pay private
complainant P25,000.00 civil indemnity and P25,000.00 moral damages for each count of rape
by sexual assault. The award of exemplary damages is deleted. Costs against petitioner.