People v. Rabago
REITERATIONFacts
The Antecedents: On January 13, 1999, at around 9:00 p.m., in Sitio Lubas, Barangay Camp 7, Minglanilla, Cebu, the accused-appellant, Melchor Rabago, allegedly committed rape upon his own daughter, Merliza Rabago, who was thirteen years old at the time. The information alleged that the accused, with lewd design and by means of force and intimidation, had carnal knowledge with Merliza against her will. Procedural History: The accused pleaded not guilty to the charge. After trial, the Regional Trial Court, Branch 15, Cebu City, rendered a decision on June 27, 2001, finding Melchor Rabago guilty beyond reasonable doubt of rape and sentencing him to suffer the mandatory penalty of death. He was also ordered to pay the victim P50,000.00 as moral damages, P75,000.00 as civil indemnity, and P50,000.00 as exemplary damages. The Petition: The case was elevated to the Supreme Court for automatic review. The accused-appellant alleged that the trial court erred in finding him guilty beyond reasonable doubt of rape and in imposing the death penalty.
Issue(s)
Whether the guilt of the accused-appellant for the crime of rape was proven beyond reasonable doubt. Whether the trial court erred in imposing the penalty of death. Whether the award of damages was proper.
Ruling
The Supreme Court affirmed the conviction of Melchor Rabago for the crime of rape and upheld the imposition of the death penalty. The Court modified the awards for damages, increasing moral damages to P75,000.00 and reducing exemplary damages to P25,000.00, while affirming the civil indemnity of P75,000.00. The records were ordered to be forwarded to the Office of the President for possible exercise of the pardoning power.
Ratio Decidendi
On the guilt of the accused-appellant for the crime of rape: The Court found that the guilt of Melchor Rabago was proven beyond reasonable doubt. The complainant, Merliza Rabago, provided a clear and direct testimony detailing the sexual assault, including the use of force and intimidation. Her testimony was observed by the trial court as sincere and straightforward. Minor inconsistencies regarding the exact time of the incident were deemed inconsequential as they did not affect the material points of her narrative. The complainant's testimony was further corroborated by the medical report indicating healed lacerations in her hymen, which is physical evidence of forcible defloration. The Court gave great weight to the victim's testimony, especially given her minority and the familial relationship, noting that it is against human nature for a child to fabricate such a serious accusation against her father, which could lead to his death. The accused's defense of denial was unsubstantiated and could not stand against the positive and categorical testimony of the victim. On the imposition of the death penalty: The Court held that the death penalty was correctly imposed based on Paragraph 6 of Article 266-B of the Revised Penal Code, as amended. This provision mandates the death penalty when the crime of rape is committed with the aggravating circumstance that the victim is under eighteen years of age and the offender is a parent of the victim. The complainant's minority was established by her birth certificate and confirmed by her mother and the accused. Her relationship to the appellant as his own daughter was also proven by her birth certificate and admitted by the accused and his wife. Both circumstances, victim's minority and offender's parental relationship, were alleged in the information and proven during trial, thus warranting the imposition of the death penalty. On the award of damages: The Court affirmed the award of civil indemnity in the amount of P75,000.00. In line with current jurisprudence, the award for moral damages was increased from P50,000.00 to P75,000.00. The award for exemplary damages was reduced from P50,000.00 to P25,000.00. These awards are compensatory and punitive in nature, intended to provide solace to the victim and to deter the commission of similar offenses.
Main Doctrine
The crime of rape committed by a parent on his minor daughter warrants the imposition of the death penalty, and the victim's testimony, corroborated by medical findings, is sufficient to establish guilt beyond reasonable doubt, even against the accused's bare denial.