G.R. No. 137842 - People vs. Catubig y Horio

On January 29, 1998, Danilo Catubig y Horio was charged with rape under Article 335 of the Revised Penal Code before the Regional Trial Court (RTC), Branch 78, Malolos, Bulacan.
The victim and offended party was his daughter, Dannilyn Catubig y Lazaro.
The incident allegedly took place on or about November 27, 1997, in San Jose del Monte, Bulacan, where the accused allegedly used force, threats, and intimidation to have carnal knowledge of Dannilyn against her will.
When arraigned on July 16, 1998, the accused pleaded not guilty and trial ensued.

Dannilyn was watching television with her four younger siblings when her father told the siblings to go to their aunt’s house and instructed Dannilyn to lie down in a room.
The accused removed Dannilyn’s shorts and panty, then removed his own clothes and laid on top of her.
Fearful because of prior physical abuse and rape by her father, Dannilyn did not resist as her father inserted his penis into her vagina.
Suspicious, Dannilyn’s aunt informed her mother about the incident, forcing Dannilyn to reveal the rape.
The incident was reported to the police, and on December 1, 1997, Dr. Wilfredo E. Tiera, medico-legal officer, found a healed laceration in Dannilyn’s hymen caused by sexual intercourse.
Dannilyn testified that this was not the first time she was raped by her father, stating the first rape took place when she was in grade 1 and that it occurred several times.

The accused denied the accusation, claiming the charge stemmed from ill-will due to a domestic quarrel.
He admitted assaulting his wife and daughter on November 27, 1997, but alleged that the rape complaint was a retaliatory act by his wife and daughter.

On December 11, 1998, the RTC found Danilo Catubig y Horio guilty beyond reasonable doubt of rape and sentenced him to death under Article 335, as amended by RA 7659.
The court also awarded moral damages of P50,000.00 to the victim.

The RTC erred in finding him guilty of rape under Article 335 as amended.
The information was defective for failing to state the accused’s relationship to the victim and the victim’s minority.

The Supreme Court conducted an automatic review due to the imposition of the death penalty.

Whether the lower court correctly found the accused guilty of rape under Article 335 of the Revised Penal Code as amended by Republic Act No. 7659.
Whether the information was defective for failing to allege the victim’s minority and her relationship to the accused, which are qualifying circumstances necessary for imposing the death penalty.
Whether the award of damages, including moral and exemplary damages, was proper under the circumstances.