Case Digest (G.R. No. L-21291)
Facts:
The People of the Philippines, plaintiff-appellee, prosecuted Marcelino Caga y Fabre, accused-appellant, for rape arising from an incident on September 17, 2006 in Manila where the complainant "AAA" alleged she was raped while asleep and intoxicated after a drinking spree. The Regional Trial Court of Manila, Branch 26 convicted Caga on November 13, 2009 and sentenced him to reclusion perpetua; the Court of Appeals affirmed on February 14, 2012, and the conviction was appealed to the Supreme Court.Issues:
- Was the accused proven guilty beyond reasonable doubt of rape?
- Is proof of physical force, threat, or intimidation necessary where the offended party was unconscious or deprived of reason?
Ruling:
The Court denied the appeal and affirmed the judgments of the RTC and the CA finding the accused guilty beyond reasonable doubt of rape. The Court affirmed the sentence of reclusion perpetua, and modified the damages awar Case Digest (G.R. No. L-21291)
Facts:
- Parties and procedural posture
- People of the Philippines as Plaintiff-Appellee and Marcelino Caga y Fabre as Accused-Appellant in Criminal Case No. 06-246762, RTC of Manila, Branch 26.
- Victim identified by initials "AAA" pursuant to Republic Act No. 9262; boyfriend identified as Randy Bomita.
- Trial court (RTC, Nov. 13, 2009) found accused guilty of rape under Article 266-A, paragraph 1 of the Revised Penal Code and sentenced him to reclusion perpetua and awarded moral damages of P50,000.
- Court of Appeals affirmed RTC in CA Decision dated Feb. 14, 2012 in CA-G.R. CR-H.C. No. 04248; motion for reconsideration denied Aug. 23, 2012.
- Appeal to the Supreme Court under G.R. No. 206878; Decision promulgated Aug. 22, 2016 (Del Castillo, J.).
- Factual narrative of the incident as adduced by the prosecution
- On or about Sept. 17–18, 2006, "AAA", her boyfriend Randy, and accused spent the night at accused's residence in Pandacan, Manila after a drinking spree beginning Sept. 17 and continuing into the early hours of Sept. 18.
- "AAA" and Randy consumed about four bottles of Red Horse Grande; "AAA" vomited several times and was heavily intoxicated.
- Accused was asleep on a foam cushion on the floor; "AAA" and Randy slept beside him.
- While intoxicated and asleep, "AAA" felt someone kiss her vagina; she initially thought it was Randy and tried to push him away because she was menstruating.
- The person proceeded to kiss her on the lips and thereafter mounted her ("pumatong") and penetrated her vagina with his penis; "AAA" believed at first it was Randy.
- On partly opening her eyes, a glimmer of light revealed it was the accused who was copulating with her; she became hysterical, slapped the accused, and kicked Randy, and cried out, "Bakit mo ako pinabayaan?"
- "AAA" immediately reported the incident to the Barangay Hall and to the Pandacan Police Station and submitted to medical examination at the Philippine General Hospital (PGH).
- PGH medical report showed physical injuries indicative of possible sexual assault.
- At trial, "AAA" positively identified the accused in open court as her rapist.
- Other prosecution evidence and events after the incident
- Barangay Kagawad Cresencio Aquino testified that "AAA" reported the rape at the Barangay Hall; Aquino accompanied her to the police station and later confronted accused at his house.
- Aquino testified that accused admitted to raping "AAA", and that accused repeated the admission at the police station.
- SPO1 Josette Saturnino testified she received the complaint, conducted investigation, identified "AAA"'s sworn statement, and prepared the booking sheet relative to accused's arrest and detention.
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Issues:
- Main contested legal issues on appeal
- Whether the prosecution proved the guilt of Marcelino Caga y Fabre beyond reasonable doubt for the crime of rape as charged.
- Whether the prosecution established the use of force, threat, or intimidation as alleged in the Information.
- Whether, in the absence of proof of force, conviction may be sustained under the ground that the offended party was deprived of reason or unconscious.
- Whether the trial court and CA properly credited the credibility of ...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
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Doctrine:
- (Subscriber-Only)