People vs.
Cabalquinto cannot be expected to be able to recount the details of her torment
G.R. No. 167693, September 19, 2006
(Criminal Law, Republic Act 7610, Republic Act 9262)
FACTS
Cabalquinto was accused of raping his eight-year old daughter
seven times. He was found guilty of by the Regional Trial Court for
rape on two counts and was sentenced to suffer the penalty of death.
The victim testified that her father had raped her seven times since
her mother left for abroad. A medical certificate and the testimony of
the mother further supported the charge. But the defense pointed out
some inconsistencies between the testimony of the victim and her
mother on certain circumstances of the alleged rape events. The
appellate court affirmed the decision of the trial court and also
ordered payment of damages.
ISSUE
Is Cabalquinto guilty of rape?
RULING
Affirmed.
Supreme Court meticulously and painstakingly examined the records
as well as the transcripts of stenographic notes and found no cause
to overturn the findings of fact and conclusions of the trial court and
the Court of Appeals.
The mothers testimony that she witnessed the act of rape
corroborates the victim-daughters account. The inconsistency
between the testimony of AAA and her mother pertains merely to a
circumstance that is of little consequence to the question of whether
rape was actually committed. Whether the victim cried out or not
does not discount rape. It should be emphasized that the victim was
only eight years old when she was raped. A child of her tender years
with exactitude.
Carnal knowledge of a woman under 12 years of age is rape as
defined under Art. 335 of the Revised Penal Code, and is qualified
when the offender is a parent of the victim, in which case, the death
penalty shall be imposed as provided under the Death Penalty Law.
In this case, the qualifying circumstances of the victims minority and
her relationship with the accused as the latters daughter were
properly alleged in the Informations, proven during trial and not
refuted by Cabalquinto. However, in view of Republic Act No. 9346
which prohibits the imposition of the death penalty, the penalty of
reclusion perpetua without eligibility for parole should instead be
imposed.
The accused is sentenced, in each of the criminal cases reviewed, to
suffer the penalty of reclusion perpetua without eligibility for parole
and to pay the victim P75,000.00 as civil indemnity for each count,
P75,000.00 as moral damages and P25,000.00 as exemplary
damages for each count.
Moral damages, separate and distinct from the civil indemnity, are
automatically granted in rape cases. Exemplary damages, on the
other hand, are imposed to deter fathers with aberrant sexual
behaviors from sexually abusing their daughters.
NOTA BENE
What was notable in this case was the Supreme Courts
pronouncement, in relation to Republic Act 7610 (Special Protection
of Children Against Child Abuse, Exploitation and Discrimination Act)
and Republic Act 9262 (Anti-Violence Against Women and Their
Children Act of 2004), on the confidential nature a rape trial.
According to the Court, these laws uniformly seek to respect the
dignity and protect the privacy of women and their children. The
Court thus withheld the real name of the victim, and used fictitious
initials instead to represent her.