15.1 People vs.

Cacayan
FACTS: Four (4) information for rape accusing appellant Conrado Cacayan of raping his eighteen (18)-year old daughter,
AAA, were filed before the egional !rial Court (!C) of "aler, Aurora, "ranch #$% !he information were similarly worded
e&cept for the dates of the commission of the crime% Appellant pleaded not guilty to all the charges against him during the
arraignment%
'n the afternoon of 1( )ay 1##*, AAA and """ went out with Conrado Cacayan, their father, to gather rattan in
the mountain% At around *+,, pm, as they were about to set up camp for the night, appellant as-ed """ to fetch a
cauldron (casserole) which, from where they were, would ta-e around 1. minutes to reach% After """ left, appellant
approached AAA, told her to undress and lie down% /hen she did not comply, appellant unsheathed his bolo, pointed it to
her nec-, and threatened to -ill her if she refused to lie down% 0espite AAA1s 2ehement refusal and pleas, appellant
succeeded in ha2ing se&ual intercourse with her% !hereafter, the rape incident happened three (() more times on different
occasions on )ay 14, 1##*, 3une *, 1##* and 3une 411, 1##*%
0r% 5enita 6ernande7, the municipal health officer of "aler, Aurora, e&amined AAA and issued a medico-legal
e&amination report% 8he testified that the healed hymenal lacerations were consistent with the fact that the last rape
occurred on 41 3une 1##*, and that these also indicate se2eral forcible copulations
RTC Ruling+ !C found appellant guilty of four (4) counts of rape with the use of a deadly weapon and attended by the
aggra2ating circumstance of relationship and sentenced him to death% 8ince the rapes were committed prior to
the effecti2ity of epublic Act 5o% 8(.( on 44 9ctober 1##*, the !C applied Article ((. of the e2ised :enal Code
CA Ruling+ !he Court of Appeals affirmed with modification the decision of the !C% !he appellate court found appellant
guilty of all four (4) counts of simple and not ;ualified rape% 't held that although appellant admitted that AAA is his
daughter, her minority at the time she was raped was not alleged in the information nor was it pro2en in court%
ISSUE before !e SC+
/hether or not the !C erred in finding him guilty of all four (4) counts of rape despite the alleged failure of the
prosecution to pro2e his guilt beyond reasonable doubt< and assuming he is guilty, whether the !C erred in imposing the
death penalty%
SC Ruling: !he Court ruled that positi2e testimony pre2ails o2er negati2e testimony% !he denial and alibi of appellant fail
in light of AAA1s positi2e identification that he raped her on the alleged dates which is corroborated by physical e2idence
showing forced coitus% !he prosecution has established beyond reasonable doubt that appellant had carnal -nowledge of
AAA against her will, through force and intimidation, and with the use of a bolo%
!he use of a bolo at the time of the rape and the death threat posed by appellant constituted sufficient force and
intimidation to cow AAA into obedience% )oreo2er, appellant, who is AAA1s father, undoubtedly e&erted a strong moral
influence o2er her% 6is moral ascendancy and influence o2er AAA may e2en substitute for actual physical 2iolence and
intimidation%
'n a prosecution for rape, the complainant1s candor is the single most important issue% 'f a complainant1s
testimony meets the test of credibility, the accused may be con2icted solely on that basis% AAA1s failure to report the
pre2ious incidents of rape to her mother does not dent her credibility, there being no standard form of beha2ior e&pected
of rape 2ictims who react differently to emotional stress% Appellant=s threats had intimidated AAA and -ept her from
immediately reporting the rapes%
>erily, no child in her right mind would concoct a story of defloration against her own father and e&pose her
whole family to the stigma and disgrace associated with incestuous rape, if only to free herself from an o2erweening and
strict parent who only happens to enforce parental guidance and discipline%? 8ignificantly, AAA1s claim of se&ual 2iolations
was corroborated by 0r% 6ernande71s medical findings which were presented to the !C at the trial% AAA1s hymen showed
multiple healed lacerations%
@nder Article ((. of the e2ised :enal Code, the use by appellant of a bolo to consummate the crime is a special
aggra2ating circumstance which warrants the imposition of the penalty of reclusion perpetua to death% A similar pro2ision
can also be found in Article 4$$-", when the law on rape was amended by epublic Act 5o% 8(.( which also reclassified
rape to a crime against persons% /ith the e&istence of the aggra2ating circumstance of relationship, the imposable penalty
is death conformably with Article $( of the e2ised :enal Code% !here is no ;uestion that appellant is the father of AAA%
8uch relationship of father-daughter in rape cases is considered an aggra2ating circumstance under Article 1. of the :C%
6owe2er, pursuant to epublic Act 5o% #(4$, the Court can only impose the penalty of reclusion perpetua without eligibility
for parole, in lieu of the death penalty%
Article ((. also pro2ides for the death penalty if the rape 2ictim is under eighteen (18) years of age and the
offender is a parent of the 2ictim% !he Court notes that the Court of Appeals erred when it applied this ;ualifying
circumstance and reduced appellant1s sentence to reclusion perpetua% 't also erred when it held that the age of AAA has
not been ade;uately established during the trial% 't must be emphasi7ed that the !C imposed the death penalty on
appellant, but not on the basis of the ;ualifying circumstances of minority and relationship, the concurrence of which would
ha2e warranted a mandatory death sentence under the law% 'nstead, the !C based its Audgment on the finding that
appellant committed the rape with the use of a deadly weapon which prescribes the penalty of reclusion perpetua to
death% )oreo2er, the alternati2e circumstance of relationship was appreciated by the !C as an aggra2ating circumstance
that Austified the imposition of death% !hus, e2en if the ;ualifying circumstance of minority had not been sufficiently
established by the prosecution, still it would not matter because the death sentence was imposed without reference to and
independently of the minority of AAA%
As to damages, the trial court correctly awarded :.,,,,,%,, as moral damages, an award that rests on the Aural
foundation that the crime of rape necessarily brings with it shame, mental anguish, besmirched reputation, moral shoc-
and social humiliation% !he award of e&emplary damages in the amount of :4.,,,,%,, was correctly granted pursuant to
the ruling in :eople 2% Catubig that the award of e&emplary damages is Austified pursuant to Article 44(, of the Ci2il
Code% 8ince the special aggra2ating circumstance of the use of a deadly weapon attended the commission of the rape, the
offended party is entitled to e&emplary damages%
6owe2er, the Court finds that the ci2il indemnity should be increased to :*.,,,,%,, for each of the four (4)
counts of rape% 'n accordance with pre2ailing Aurisprudence, the ci2il indemnity awarded to the 2ictims of ;ualified rape
shall not be less than 8e2enty-Fi2e !housand :esos (:*.,,,,%,,), and :.,,,,,%,, for simple rape%

/6BBF9B, the decision of the !C in Criminal Case 5os% 4484-8. ordering appellant to pay AAA :.,,,,,%,, as moral
damages and :4.,,,,%,, as e&emplary damages, for each of the four (4) counts of rape, and the decision of the Court of
Appeals reducing the sentence of appellant from death to reclusion perpetua without eligibility for parole, li-ewise for each
of the four (4) counts of rape, is AFF')B0 with the )90'F'CA!'95 that the ci2il indemnity be increased to :*.,,,,%,, for
each of the four (4) counts of rape%