Case Digest (G.R. No. 137048)
Facts:
People of the Philippines v. Castro Geraban, G.R. No. 137048, May 24, 2001, Supreme Court En Banc, Per Curiam.The criminal action arose from a complaint for rape filed on February 21, 1996 by Dolores Geraban (mother) on behalf of her daughter Venus Geraban against her father, Castro Geraban. The Municipal Trial Court of Bulan found probable cause and forwarded the matter to the Provincial Prosecutor. An information was filed on March 21, 1996 charging Castro with rape under Article 335 of the Revised Penal Code as amended by Section 11 of R.A. No. 7659; the information alleged carnal knowledge by force and intimidation at about 4:00 a.m. on February 20, 1996, and pleaded the aggravating circumstance of relationship (father-daughter) and minority of the victim.
At arraignment on June 10, 1996, Castro pleaded not guilty and trial ensued. The prosecution presented Venus, her mother Dolores, grandmother Rosita Gutlay, Dr. Estrella Payoyo (physician), and SPO2 Eulogio Santos. Venus testified that, after her parents had separated and the family were sleeping in a small rented house, Castro awakened her at about 4:00 a.m., forced her to sleep beside him, choked and threatened her with a bolo, removed her lower garments and inserted his penis into her vagina despite her resistance; her younger brothers were asleep nearby; she then ran to her grandmother and reported the incident. Venus also alleged a prior rape by Castro in July 1994. Dr. Payoyo observed old healed hymenal lacerations and redness of the labia; she opined such findings could be due to prior sexual contact or insertion of a foreign body.
Castro denied the charge and offered an alibi, testifying that Venus was at a bakery at the relevant time and that family quarrels may explain hostile feelings. The trial court (Regional Trial Court, Fifth Judicial Region, Branch 65, Bulan, Sorsogon) rendered judgment on November 17, 1998 finding Castro guilty beyond reasonable doubt of rape, crediting Venus’ positive, unequivocal and unswerving testimony, and sentencing him to death and ordering indemnity of P50,000 as moral and exemplary damages.
The case came to the Supreme Court on automatic review under Article 47 of the Revised Penal Code as amended by Section 22 of R.A. No. 7659. Castro ...(Pro-only)
Issues:
- Was the testimony of the victim credible and sufficient to support conviction despite the alleged improbabilities and contradictions?
- Did Castro’s denial and alibi create reasonable doubt warranting acquittal?
- Did the prosecution sufficiently prove Venus’ minority to justify imposition of the death penalty under Section 11 of R.A. No. 7659?
- If minority was not proved, did other attendant circumstances (use of a deadly weapon and relationship) neverthele...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)