G.R. No. 167147 - People vs. Cayabyab

The case involves appellant Genaro Cayabyab y Fernandez, who was charged with the rape of a minor, Alpha Jane (also spelt “Alpha Jean”) Bertiz.
Alpha Jane, born on November 26, 1994, was six years and nine months old at the time of the incident on August 7, 2001.
The victim was the eldest of six children of Conrado and Metchie Bertiz and was taking care of her siblings at her home in Manlunas St., Lagoon Area, Villamor Airbase, Pasay City.

On the day of the rape, while Alpha Jane was at home and her mother had gone to buy kerosene, appellant entered the premises under the guise of teaching arithmetic.
When the victim refused to lie down on her father’s bed, appellant removed both his and her clothes, forced her to lie down, and raped her by inserting his penis into her vagina.
During the assault, when the victim shouted in pain, appellant sprayed her with tear gas before leaving the scene.

The incident was immediately reported by the victim’s mother following Alpha Jane’s disclosure and subsequent action by the barangay officials.
Medical examinations were conducted at the Philippine Air Force General Hospital, PNP Crime Laboratory at Camp Crame, and the Child Protection Unit (CPU) at UP-PGH, all revealing significant hymenal abrasions and lacerations as evidence of the rape.
A photocopy of Alpha Jane’s birth certificate was submitted, establishing her age at the time of the crime, a critical element given the qualifying circumstance of minority.

The appellant was charged with rape under Article 335 with the specific allegation that he had carnal knowledge of a minor by means of force and intimidation.
At arraignment, appellant pleaded not guilty and raised defenses of denial and alibi, testifying that he was engaged in his regular tricycle driving duties until later that evening.
The victim’s direct testimony was detailed and consistent, and despite rigorous cross-examination by defense counsel including an attempt to introduce extortion allegations by the victim’s father, her account remained steadfast and credible.
The trial court gave significant weight to the victim’s testimony, corroborated by medico-legal findings, and noted that the defense’s attempt to discredit the account through alibi and denial was unsubstantiated.

The trial court found the prosecution’s evidence sufficient and declared Genaro Cayabyab y Fernandez guilty of rape, imposing the penalty of death.
In addition to the death sentence, the appellant was ordered to pay civil indemnity, moral damages, and exemplary damages to the victim.
The case was automatically elevated to the Supreme Court, but after further review, it was transferred to and affirmed in toto by the Court of Appeals.

Whether the prosecution established beyond reasonable doubt that the appellant raped the minor victim.
Whether the victim’s detailed and consistent testimony, alongside the corroborative medical evidence, was enough to support the conviction.

Whether the trial and appellate courts correctly credited the victim’s testimony despite extensive cross-examination and the defense’s attempts to introduce alternative narratives.
Whether the demeanor and consistency shown by the victim justified its reliance as primary evidence.

Whether the photocopy of Alpha Jane’s birth certificate was admissible as secondary evidence to prove her age in light of the “best evidence rule.”
Whether the defense’s failure to contest the authenticity of the photocopy meant that it was rightly deemed as competent evidence.

Whether the awarding of civil indemnity, moral damages, and exemplary damages was consistent with both statutory mandates and prevailing jurisprudence in rape cases involving minors.
Whether the modification of the award amounts, particularly the increase for moral damages and the separate identification of exemplary damages, was appropriate.