Case Summary (G.R. No. 155555)
Charges and Criminal Complaint
Danilo Catubig was formally charged with rape under Article 335 of the Revised Penal Code, as amended by Republic Act No. 7659. The information alleged that he forcibly and unlawfully had carnal knowledge of Dannilyn against her will, using force, threats, and intimidation. At arraignment on July 16, 1998, the accused pleaded not guilty and trial commenced.
Facts as Presented by the Prosecution
Dannilyn, along with her four younger siblings, was at home when Danilo, their father, instructed her siblings to leave and told Dannilyn to lie down in a room. He allegedly removed her shorts and panty, disrobed himself, and laid on top of her, forcibly having sexual intercourse. Dannilyn feared resistance because of prior abuse. The assault was interrupted by Dannilyn’s aunt’s arrival, who later informed the mother. Dannilyn disclosed the abuse and a sworn police statement and medico-legal examination followed. Examination revealed healed lacerations consistent with sexual intercourse.
Defense and Accused’s Version
The accused denied the rape allegations, asserting the charges stemmed from familial ill-will after a quarrel with his wife and daughter. He admitted to physically assaulting them but claimed that the rape complaint was a fabricated retaliation. He pointed to the existing domestic conflict as the motive behind the accusation.
Trial Court Decision
On December 11, 1998, the RTC found Danilo Catubig guilty beyond reasonable doubt of rape and imposed the death penalty as prescribed under RA 7659 for rape committed by a parent on a minor. Additionally, the court awarded moral damages of fifty thousand pesos (₱50,000) to the complainant.
Appeal Issues Raised by Appellant
The accused contested his guilt and the imposition of the death penalty. He argued the information was defective for failing to allege that he was the victim’s father and that the victim was under eighteen years old, both necessary to qualify the rape for the penalty of death under the amended law.
Testimony of the Victim
Dannilyn testified candidly and consistently regarding repeated sexual abuses by her father, starting in grade school. She described the incident on November 27, 1997, in detail, including her fear driven by physical abuse and previous rapes, and her inability to resist at that time. The testimony was unshaken on cross-examination and evidenced the mental and physical trauma suffered.
Credibility Findings and Rationale
The Court emphasized the credibility of Dannilyn's testimony, highlighting her spontaneous, categorical, and consistent narration. It observed that a child victim’s willingness to undergo investigation and trial favored her sincerity. It ruled that when rape is committed by a parent on a child, the paternal authority intrinsically acts as intimidation, negating the requirement for explicit threats or physical violence to establish coercion.
Legal Principles on Evidence and Defense
The Court accorded weight to the trial court’s assessment of witness credibility given its advantage of firsthand observation. It also ruled that alibi defenses are inherently weak unless proven convincing beyond reasonable doubt, which was not demonstrated by the accused. The Court found the defense’s hypothesis of ill-will-driven fabrication unpersuasive given the gravity and consequences of the charge.
Constitutional Right to be Informed and Information Defect
Citing the 1987 Philippine Constitution, which guarantees the accused’s right to be informed of the nature and cause of the accusation, the Court found the information deficient for omitting the victim’s minority and the father-daughter relationship, both qualifying circumstances under RA 7659 that elevate the penalty to death. Since these elements were not alleged, imposing the death penalty was improper.
Modification of Conviction and Penalty
The Court affirmed the conviction for rape but downgraded the penalty to reclusion perpetua, the correct penalty for simple rape under the Revised Penal Code as amended. This modification was based on the information’s failure to notify the accused of the qualifying circumstances justifying the death penalty.
Damages Award and Legal Basis
The trial court correctly awarded ₱50,000 moral damages due to the shame, mental anguish, and social humiliation inherent to rape. The Court further ruled that the offended party was entitled to ₱50,000 civil indemnity and ₱25,000 exemplary damages. The award of exemplary damages serves as a deterrent and punishment for the offender’s reprehensible conduct.
Legal Discussion of Exemplary Damages and Aggravating Circumstances
Exemplary or corrective damages are imposed by way of example or correction in addition to moral and compensatory damages, particularly when crimes involve aggravating circumstances. The law treats aggravating circumstances—whether ordinary or qualifying—as grounds not only for heavier penalties but also for enhanced civil damages, reflecting the greater perversity of the offense.
Relationship as Aggravating Circumstance
Parental relationship qualifies as an aggravating circumstance in crimes against chastity under Article 15 of the Revised Penal Code and as a special qualifying circumstance under RA 7659. Traditionally, courts have imposed exemplary damages in such cases, regardless of whether the aggravating circumstance elevates the crime to qualified rape or remains ordinary in simple rape.
Need for Uniformity and Clarification on E
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Facts of the Case
- The accused, Danilo Catubig y Horio, was charged with rape before the Regional Trial Court (RTC), Branch 78, Malolos, Bulacan, through an information dated January 29, 1998.
- The victim and offended party was Dannilyn Catubig y Lazaro, the accused’s daughter.
- The incident allegedly occurred on or about November 27, 1997, in San Jose del Monte, Bulacan.
- The prosecution alleged that the accused willfully, unlawfully, and feloniously by force, threats, and intimidation, had carnal knowledge of Dannilyn against her will.
- At arraignment on July 16, 1998, the accused pleaded not guilty and the trial proceeded.
- Dannilyn, aged 12 at the time, was watching television with her younger siblings when the accused arrived, sent the siblings away, and called her into a room.
- The accused then removed her clothing, removed his own, laid on top of her, and raped her despite her fear due to past beatings and previous instances of rape by him.
- Dannilyn’s aunt became suspicious and informed the mother, who confronted Dannilyn leading to her disclosure of the incident.
- A medico-legal examination conducted on December 1, 1997, confirmed healed laceration on the victim's hymen consistent with sexual intercourse.
- The accused denied the charges, claiming the rape accusation was fabricated due to family quarrels and resentment from his wife and daughter.
Proceedings and Trial Court Decision
- The Regional Trial Court found the accused guilty of rape beyond reasonable doubt on December 11, 1998.
- The sentencing included the death penalty as provided under Article 335 of the Revised Penal Code, as amended by Republic Act No. 7659 (Death Penalty Law).
- The trial court also awarded moral damages of Fifty Thousand Pesos (₱50,000.00) to the victim.
- The case was elevated to the Supreme Court for automatic review due to the imposition of the death penalty.
Issues on Appeal
- Whether the accused was properly found guilty of the crime of rape.
- Whether the imposition of the death penalty was valid given alleged defects in the information, particularly the failure to state that the accused was the father and that the victim was under 18 years old at the time of the offense.
Testimony and Evidentiary Findings
- The victim gave detailed, consistent, and spontaneous testimony describing her father's repeated sexual abuse, including specific details about the incident on November 27, 1997.
- She revealed a history of multiple rapes by her father, beginning when she was in grade school.
- The victim's emotional distress was evident during testimony, lending credibility.
- The Court recognized the inherent credibility of the victim’s testimony, especially given the painful nature of the accusations and the courage to subject herself to public scrutiny.
- The Court acknowledged that a father's moral ascendancy and parental authority can supply the element of intimidation or violence required to establish rape without overt physical resistance by the vic