Case Digest (G.R. No. 188901)
Facts:
People of the Philippines v. Gilbert Castro y Aguilar, G.R. No. 188901, December 15, 2010, Supreme Court First Division, Perez, J., writing for the Court.
The criminal case arose from two separate informations filed on February 14, 2003, charging Gilbert Castro y Aguilar (accused-appellant) with two counts of rape allegedly committed against AAA (the victim) on February 5, 2002 (Criminal Case No. 771-M-2003) and November 27, 2002 (Criminal Case No. 772-M-2003) in San Ildefonso, Bulacan. The informations alleged that AAA was a mentally retarded person, a fact known to the accused; the first information also alleged the use of a bladed weapon. Upon arraignment Castro pleaded not guilty; the cases were consolidated for trial.
AAA was 18 years old at the time of the incidents but, according to a psychological evaluation introduced by the prosecution, had the mental age of approximately five and a half years and an IQ of 43 (moderate mental retardation). A medico-legal examination noted she was in a non-virgin physical state although without signs of trauma. Prosecution witnesses included AAA, her mother XYZ, and neighbor/relative BBB, who testified that he personally saw AAA and Castro naked and engaged in sexual intercourse behind an unoccupied house under a mango tree on November 27, 2002.
Castro denied both incidents and offered an alibi and general denial: he claimed attendance at a wake on February 5, 2002, and that on November 27, 2002 he had lunch with his sister and later worked in the fields; he did not, however, produce his sister or other corroboration. The trial court (Regional Trial Court, Malolos City, Branch 12) acquitted Castro in Criminal Case No. 771-M-2003 for failure to prove the bladed-weapon allegation but convicted him in Criminal Case No. 772-M-2003 of rape and sentenced him to reclusion perpetua and ordered indemnity and moral damages.
Castro appealed to the Court of Appeals (docketed CA-G.R. CR-HC No. 02733; decision penned by Associate Justice Priscilla J. Baltazar-Padilla, with Justices Juan Q. Enriquez, Jr. and Monina Arevalo-Zenarosa concurring). The CA, in a decision dated May 11, 2009, affirmed the conviction but modified the damages, ordering payment of P75,000 civil indemnity, P75,000 moral damages, and P25,000 exemplary damages. Castro elevated ...(Subscriber-Only)
Issues:
- Did the prosecution present sufficient evidence to prove beyond reasonable doubt that Gilbert Castro committed rape against AAA?
- If convicted, what is the proper penalty and are there consequences to parole eligibility in light of subsequent legislation?
- Are the amounts of civil indemnity, moral damages, and exemplary d...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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