People vs. Cabalquinto

CASE DIGEST: G.R. No. 167693, September 19, 2006

Criminal Law, RA 7610, RA 9262

FACTS:

Cabalquinto was accused of raping his eight-year old daughter seven times. He was found guilty of by the Regional Trial Court for rape on two counts and was sentenced to suffer the penalty of death. The victim testified that her father had raped her seven times since her mother left for abroad. A medical certificate and the testimony of the mother further supported the charge. But the defense pointed out some inconsistencies between the testimony of the victim and her mother on certain circumstances of the alleged rape events. The appellate court affirmed the decision of the trial court and also ordered payment of damages.

ISSUE:

Is Cabalquinto guilty of rape?

HELD:

Affirmed.

Supreme Court meticulously and painstakingly examined the records as well as the transcripts of stenographic notes and found no cause to overturn the findings of fact and conclusions of the trial court and the Court of Appeals.

The mother’s testimony that she witnessed the act of rape corroborates the victim-daughter’s account. The inconsistency between the testimony of AAA and her mother pertains merely to a circumstance that is of little consequence to the question of whether rape was actually committed. Whether the victim cried out or not does not discount rape. It should be emphasized that the victim was only eight years old when she was raped. A child of her tender years cannot be expected to be able to recount the details of her torment with exactitude.

Carnal knowledge of a woman under 12 years of age is rape as defined under Art. 335 of the Revised Penal Code, and is qualified when the offender is a parent of the victim, in which case, the death penalty shall be imposed as provided under the Death Penalty Law. In this case, the qualifying circumstances of the victim’s minority and her relationship with the accused as the latter’s daughter were properly alleged in the Informations, proven during trial and not refuted by Cabalquinto. However, in view of Republic Act No. 9346 which prohibits the imposition of the death penalty, the penalty of reclusion perpetua without eligibility for parole should instead be imposed.

The accused is sentenced, in each of the criminal cases reviewed, to suffer the penalty of reclusion perpetua without eligibility for parole and to pay the victim P75,000.00 as civil indemnity for each count, P75,000.00 as moral damages and P25,000.00 as exemplary damages for each count.

Moral damages, separate and distinct from the civil indemnity, are automatically granted in rape cases. Exemplary damages, on the other hand, are imposed to deter fathers with aberrant sexual behaviors from sexually abusing their daughters.

NOTA BENE:

What was notable in this case was the Supreme Court’s pronouncement, in relation to Republic Act 7610 (Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act) and Republic Act 9262 (Anti-Violence Against Women and Their Children Act of 2004), on the confidential nature a rape trial. According to the Court, these laws uniformly seek to respect the dignity and protect the privacy of women and their children. The Court thus withheld the real name of the victim, and used fictitious initials instead to represent her.