Case Digest (G.R. No. 206878)
Facts:
In People of the Philippines vs. Marcelino Caga y Fabre (G.R. No. 206878, August 22, 2016), the appellant Marcelino Caga y Fabre was charged before the Regional Trial Court (RTC) of Manila, Branch 26, Criminal Case No. 06-246762, for the rape of “AAA” on or about September 17, 2006, in Pandacan, Manila. The Information alleged that, after a drinking spree at his home, Caga, by means of force, violence, and intimidation, placed himself on top of the intoxicated and sleeping “AAA,” then inserted his penis into her vagina without her consent. During trial, the prosecution presented the victim, Barangay Kagawad Cresencio Aquino, SPO1 Josette Saturnino, and a medical report from Philippine General Hospital indicating injuries consistent with sexual assault. The defense denied all allegations, claiming no sexual act occurred and characterizing the victim’s reaction as a misunderstanding. On November 13, 2009, the RTC found Caga guilty beyond reasonable doubt under Article 266-A(1) ofCase Digest (G.R. No. 206878)
Facts:
- Parties and Charge
- Plaintiff-Appellee: People of the Philippines; Accused-Appellant: Marcelino Caga y Fabre.
- Information: Rape of “AAA” on or about September 17, 2006 in Manila, by placing himself on top of the sleeping victim and inserting his penis without her consent, allegedly by force, violence, and intimidation.
- Prosecution Version
- Drinking spree: “AAA” and her boyfriend Randy visited Caga’s residence and, with other guests, consumed about four bottles of hard liquor from midnight until dawn. Both victims became intoxicated and vomited.
- Incident of rape: While “AAA” was asleep and incapacitated by alcohol, she felt someone kiss her vagina and lips and then experience penile penetration. She first thought it was Randy, but upon opening her eyes saw Caga. She slapped him, kicked Randy, reported the assault at the barangay hall and police station, and underwent a medical examination at PGH.
- Witnesses and evidence:
- “AAA” positively identified Caga in court.
- Barangay Kagawad Cresencio Aquino testified that “AAA” reported the rape, accompanied her to the police, and that Caga allegedly admitted the assault.
- SPO1 Josette Saturnino presented the sworn complaint and booking sheet.
- PGH medical report showed physical injuries indicative of sexual assault.
- Defense Version
- Caga’s testimony: He drank with guests, fell asleep first, and was unaware that “AAA” and Randy would spend the night in his house. He denied any sexual act upon awakening to “AAA” in hysterics.
- Subsequent events: Caga ate breakfast, joined another drinking spree, and only learned of the rape accusation during inquest proceedings at the police station.
- Lower Court Proceedings
- RTC, Manila Branch 26 (Nov. 13, 2009): Found Caga guilty beyond reasonable doubt of rape under Article 266-A(1) RPC; sentenced him to reclusion perpetua and ordered payment of ₱50,000 moral damages, with credit for time served.
- CA (Feb. 14, 2012): Dismissed Caga’s appeal and affirmed the RTC decision. Motion for reconsideration was denied on Aug. 23, 2012.
Issues:
- Whether the prosecution proved the elements of rape beyond reasonable doubt, particularly force, violence, or intimidation.
- Whether the case falls under Article 266-A, second paragraph (victim deprived of reason or unconscious).
- Whether “AAA”’s testimony is credible and sufficient for conviction despite the lack of corroboration of force or threats.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)