Case Digest (G.R. No. 207819)
Facts:
The People of the Philippines charged Guillermo B. Cadano, Jr. with three counts of statutory rape against AAA, his common-law spouse’s daughter, for carnal knowledge committed on December 26 and 27, 1996, and in June 2000 in Pasig City. The RTC convicted Cadano of all three counts, imposing reclusion perpetua for each, and awarding AAA civil indemnity, moral damages, and exemplary damages; it ruled that the relationship qualifying circumstance could not apply to the first two incidents because they occurred before Republic Act No. 8353 (RA 8353), but could for the third incident. The CA affirmed the RTC in toto.Issues:
- Whether the conviction for the three counts of statutory rape was supported by proof beyond reasonable doubt.
- Whether the qualifying circumstance of relationship could be appreciated for the incidents occurred on December 26 and 27, 1996 and June 2000.
- Whether the amounts of damages awarded to AAA for each count were proper.
Ruling:
The Court affirmed Case Digest (G.R. No. 207819)
Facts:
- Parties and nature of the case
- The People of the Philippines filed an ordinary appeal against the adverse ruling from the Court of Appeals (CA), which had affirmed the conviction of Guillermo B. Cadano, Jr. (Cadano).
- Cadano was the accused-appellant, convicted of three (3) counts of statutory rape.
- RTC charging information and dates of the alleged crimes
- On February 26, 2001, the RTC received three (3) Informations filed before the Regional Trial Court of Pasig City, Branch 261 (RTC) in Criminal Case Nos. 120494-H to 120496-H.
- The Informations charged Cadano with raping his common-law spouse’s daughter, AAA, on three separate occasions:
- Criminal Case No. 120494-H: On or about December 26, 1996, in Pasig City, Cadano had sexual intercourse with AAA, a minor about 8 years and 5 months old, by means of force, violence, and intimidation.
- Criminal Case No. 120495-H: On or about December 27, 1996, in Pasig City, Cadano again had sexual intercourse with AAA, a minor about 8 years and 5 months old, by means of force, violence, and intimidation.
- Criminal Case No. 120496-H: Sometime in June 2000, in Pasig City, Cadano had sexual intercourse with AAA, then about 11 years and 11 months old, by means of force, violence, and intimidation.
- Statutory framework applied by the RTC in relation to the dates of the incidents
- The first and second rape incidents occurred on December 26 and 27, 1996, prior to the enactment of RA 8353 (effective as part of the “Anti-Rape Law of 1997”).
- Cadano was charged under the old rape provision, Article 335 of the Revised Penal Code (RPC).
- The third rape incident occurred in June 2000, after the passage of RA 8353.
- Cadano was charged under the amended rape provision, Article 266-A of the RPC, as amended.
- Prosecution evidence for each incident
- First Rape Incident (Criminal Case No. 120494-H)
- On December 26, 1996, AAA (about 8 years and 5 months old) was at the Philippine General Hospital with her mother, BBB, who was recuperating after giving birth to AAA’s fourth sibling.
- Cadano, BBB’s common-law spouse, asked AAA to go home to Pasig City to clean their house because it was flooded.
- AAA followed Cadano, left BBB at the hospital, and her siblings stayed at the house of Cadano’s parents in Sta. Mesa, Manila.
- Cadano and AAA arrived at their Pasig City house the same day.
- Around noon, Cadano asked AAA to lie down; he removed her shorts and underwear; he asked her to spread her legs; and he inserted his penis into her vagina.
- AAA felt pain, exclaimed “Aray!,” and Cadano leaned into her and told her to be quiet.
- After the rape, Cadano brandished a knife and threatened AAA not to tell her mother.
- Second Rape Incident (Criminal Case No. 120495-H)
- On December 27, 1996, AAA’s siblings arrived at their Pasig City residence while BBB was still at the hospital.
- While AAA slept beside her siblings, she was awakened when Cadano again spread her legs and inserted his penis into her vagina, making pumping movements.
- After the act, Cadano warned AAA not to speak of what had occurred.
- Third Rape Incident (Criminal Case No. 120496-H)
- In June 2000, AAA was about 11 years and 11 months old, playing with siblings outside their house while BBB was also outside working.
- Cadano called AAA and asked her to buy food and get the money from his pants inside the house; AAA complied.
- Cadano followed AAA inside, told her to lie down, and AAA refused.
- Cadano pulled AAA down, asked her to remove her shorts and panty, and thereafter inserted his penis into her vagina.
- On October 22, 2000, AAA told her mother what Cadano did.
- The following day, BBB and AAA went to Camp Crame for a medical examination that yielded positive results of penetration.
- Defense and plea
- Cadano denied the allegations and asserted that he never raped nor sexually abused AAA.
- Cadano alleged that BBB filed the charges because they had family problems, and BBB went out at night to work, neglecting their children.
- Upon arraignment, Cadano pleaded not guilty to all three counts.
- Prosecution witnesses’ presentation and medico-legal support
- The RTC found that AAA’s testimony, coupled with the medico-legal report, proved the rape and the lack of consent required by statutory rape principles.
- The Court recognized that for statutory rap...(Subscriber-Only)
Issues:
- Whether the conviction of Cadano for three (3) counts of statutory rape should be upheld
- Whether the prosecution proved the elements of statutory rape for each incident:
- The age of the complainant.
- The identity of the accused.
- The fact of sexual intercourse.
- Whether AAA’s testimony was credible and sufficient to establish carnal knowledge and statutory rape.
- Whether the relationship qualifying circumstance could be appreciated given the applicability of the old rape provision versus the ...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)