Case Digest (G.R. No. 121213)
Facts:
In consolidated cases, Butchoy de la Torre and Fe de la Torre were charged in nine amended complaints with the rape of Baby Jane Dagot, then age sixteen, alleged to have occurred between September and December 1992 in Barangay Tumarbong, Roxas, Palawan; the Regional Trial Court, Branch 47, convicted them of all nine counts and sentenced them to reclusion perpetua for each count with damages. The victim testified to an initial forcible rape in September 1992—describing Fe de la Torre holding a lamp and scythe and ordering her husband to have intercourse—and to repeated weekly assaults thereafter; a medico-legal exam in February 1993 showed healed hymenal lacerations; the appellants denied the charges and raised alibi and motive defenses.
Issues:
- Did the prosecution prove beyond reasonable doubt the appellants’ guilt for each of the nine rape charges?
- May Fe de la Torre be held a principal in the rape committed with her husband under Art. 17, Revised Penal Code?
- Did the use of a bladed weapon qualify the proven rape for the higher penalty under Art. 335, Revised Penal Code?
- What civil and exemplary damages, if any, should be awarded to the victim?
Ruling:
The Court modified the RTC judgment. The Court found Butchoy de la Torre and Fe de la Torre guilty beyond reasonable doubt only in Criminal Case No. 11199 for rape qualified by the use of a deadly weapon and sentenced them to suffer reclusion perpetua and to pay P50,000.00 civil indemnity, P50,000.00 moral damages, and P25,000.00 exemplary damages; the appellants were ACQUITTED in Criminal Cases No. 11313 to No. 11320 for failure of the prosecution to prove those charges beyond reasonable doubt.
Ratio:
The Court accepted the trial court’s favorable credibility finding on Baby Jane Dagot because her testimony was straightforward, consistent with the surrounding circumstances, and partially corroborated by the medico-legal findings; under Art. 17, Revised Penal Code, a woman may be a principal by indispensable cooperation where proven. However, proof beyond reasonable doubt must attach to each separate rape count; the victim’s general assertion that subsequent rapes occurred in the same manner was too indefinite to sustain convictions on the eight other counts. The proved use of a bladed weapon qualified the offense under Art. 335, Revised Penal Code, and established entitlement to civil indemnity, moral damages, and exemplary damages under applicable jurisprudence and Art. 2230, Civil Code.
Doctrine:
- The trial court’s findings on witness credibility are entitled to great weight and will not be disturbed absent clear error.
- Each count of rape is a distinct crime and must be proved beyond reasonable doubt on its own merits.
- Under Art. 17, Revised Penal Code, a woman charged with rape may be convicted as a principal by direct participation, inducement, or indispensable cooperation when supported by evidence.
- The use of a deadly weapon in rape qualifies the offense under Art. 335, Revised Penal Code, warranting the higher penalty.
- A rape victim is entitled to civil indemnity and moral damages as established by jurisprudence, and exemplary damages under Art. 2230, Civil Code, when qualifying circumstances attend the offense.