Title
People vs. Caga y Fabre
Case
G.R. No. 206878
Decision Date
Aug 22, 2016
Intoxicated victim "AAA" raped while unconscious at accused’s house; immediate report, medical evidence, credible testimony led to conviction—guilty beyond doubt, sentenced perpetua, damages awarded.
A

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.
  • ...(Subscriber-Only)

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:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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