Case Summary (G.R. No. 131475-76)
Case Background
On September 13, 1994, the RTC received two separate informations charging Marcelo Caliso with rape. The first incident (Criminal Case No. 716) occurred around July 1993 when AAA was 14 years old, and the second incident (Criminal Case No. 717) took place on February 15, 1994. During the trial, AAA testified about the traumatic experiences she endured at the hands of her father, recounting the threats and violence he used to coerce her into submission.
Prosecution's Narrative
The prosecution's case was built on AAA's testimony, detailing how her father used a bolo to intimidate her, resulting in forced sexual acts. On the first occasion, AAA described being alone with Caliso when he attacked her in their home. Following the incident, she reported physical injury and trauma, corroborated by a medical examination which revealed healed lacerations in her hymen, suggesting penetration had occurred.
Moreover, during the second incident, AAA was coerced into a hut where her father again raped her, threatening her life to ensure her silence. Following these assaults, AAA fled with her siblings to their mother’s sister and subsequently sought legal action against Caliso.
Defense
Caliso denied the charges, claiming AAA was lying and attempted to depict her as a morally loose individual. He presented a narrative of other circumstances that he argued demonstrated her lack of credibility, including discussions about her attending dance parties. He alleged that her motive for bringing forth the charges was rooted in his refusal to sell their family home.
Court's Findings
The trial court rendered its decision on September 10, 1997, convicting Marcelo Caliso of two counts of rape. He was sentenced to death for one count and to reclusion perpetua for the other. The court emphasized that the testimony of AAA, coupled with the medical evidence and the context of familial authority, rendered her assertions credible despite the defense's attempts to undermine her character and motive.
Legal Reasoning
The decision referenced Article 335 of the Revised Penal Code, which outlines the parameters of rape, namely, achieving carnal knowledge through force or intimidation. The court noted that the testimony of a single credible victim is sufficient for conviction, particularly in sensitive matters such as incest, where corroborating witnesses are typically absent.
The court dismissed Caliso’s arguments regarding the delay in reporting the incidents and the necessity of exact dates, highlighting that the essence of the crime was the violation itself rather than the specifics of time and place. Furthermore, the credibility of AAA's testimony was heightened by her lack of motive to fabricate such grave allegations against her father.
Modifications and Conclusions
While the court upheld the conviction for the crimes as charged in Criminal Case Nos. 716 and 717, it noted a procedu
...continue readingCase Syllabus (G.R. No. 131475-76)
Case Background
- Marcelo Caliso, the appellant, was charged with two counts of rape against his teenage daughter, AAA.
- The Regional Trial Court (RTC), Branch 46, Larena, Siquijor sentenced him to death for one count and reclusion perpetua for the other in a joint Decision dated September 10, 1997.
- The case was automatically reviewed by the Supreme Court due to the imposition of the death penalty.
Charges Filed
- On September 13, 1994, two separate informations were filed against Caliso:
- Criminal Case No. 716: Alleging rape occurred in July 1993.
- Criminal Case No. 717: Alleging a subsequent rape in February 1994.
- Both charges specified that Caliso used deceit, force, violence, and intimidation against AAA.
Victim's Testimony
- AAA, the victim, was born on January 19, 1979, and lived with her parents and siblings in a small house.
- During the first incident, AAA detailed how her father threatened her with a bolo and forcibly raped her.
- She described the pain and fear she experienced, noting she saw blood after the assault.
- The second incident similarly involved intimidation and threats, where Caliso raped her in a hut.
- AAA reported the incidents to her mother and siblings after fleeing from home.
Medical Examination
- Following the incidents, AAA underwent a physical examination conducted by Dr. Evelyn Cortes-Retana, revealing healed lacerations on her hymen.
- The doctor noted the existence of a "easea" when two fingers were inserted, indicating prior sexual activity.
Defense Testimony
- Caliso denied th