Case Digest (G.R. No. 123160)
Case Digest (G.R. No. 123160)
Facts:
This is People of the Philippines v. Carlos Bation y Alamag, G.R. No. 123160, March 25, 1999, the Supreme Court En Banc, Per Curiam. The Court reviewed on automatic review the Regional Trial Court (RTC), 10th Judicial Region, Branch 14, Oroquieta City judgment that convicted and sentenced accused-appellant Carlos Bation y Alamag to death for rape under Article 335 of the Revised Penal Code as amended by Republic Act No. 7659; the trial court rendered its decision on October 23 (the RTC decision as quoted in the record is dated October 23, 1993/1995 in the transcript) and found the accused guilty of raping his 13-year-old daughter, Rosemarie Bation.The complaint alleged that on the evening of August 18, 1994, appellant—father of the victim—took Rosemarie to a house in Barangay Corrales and, on the walk back, forced her near a marang tree, chased and overtook her when she ran away, dragged her to a banana hill and a pile of palay husk, undressed both, placed himself on top of her, performed a push-and-pull movement lasting several minutes, and caused pain in her vagina. Rosemarie reported the incident to her mother the following day, and the family filed a complaint; appellant was arrested and indicted.
At trial the prosecution presented the victim’s testimony, the mother’s testimony, and the medical examination by Dra. Carolyn Q. Galleros (which disclosed complete hymenal lacerations). Appellant testified in his own defense, denying the rape and asserting an alibi that he spent the night at the house of Dario Becoy about 12 kilometers away; he also suggested the victim had a boyfriend and argued that penetration was not proved. No alibi witnesses were presented to corroborate appellant’s account.
The RTC found the victim’s testimony credible, credited the medical findings, rejected the alibi and other defense theories, convicted appellant of rape and imposed death pursuant to R.A. No. 7659; it also ordered indemnity of P50,000 and costs. Upon automatic review to the Supreme Court, briefs were filed for appellant by the Public Attorney’s Office and by the Free Legal Assistance Group (FLAG) Anti-Death Penalty Task Force in collaboration with the PAO. The Court considered the evidence and applicable law and rendered judgment affirming the conviction and death sentence, modifying the civil indemnity and awarding moral damages, and directing transmission of the records to the Office of the President under Section 25 of R.A. No. 7659.
Issues:
- Was appellant guilty beyond reasonable doubt of raping his 13‑year‑old daughter?
- If guilty, was the imposition of the death penalty proper under Republic Act No. 7659 and related jurisprudence?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)