G.R. No. 125334 January 28, 1998
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. CRESENCIO TABUGOCA, accused-appellant.

FACTS

This is an automatic review of a joint decision by the Regional Trial Court of Ilagan, Isabela finding accused-appellant Cresencio Tabugoca guilty of two counts of rape against his daughters. In Criminal Case No. 2386, he was charged with raping his 14-year-old daughter, Jacqueline Tabugoca, on or about March 28, 1992, and sentenced to reclusion perpetua. In Criminal Case No. 2387, he was charged with raping his 12-year-old daughter, Jinky Tabugoca, on or about December 9, 1994, and sentenced to death. The trial court found the commission of both felonies attended by the aggravating circumstances of relationship and intoxication purposely sought by the accused.
Jacqueline testified that on March 28, 1992, while she and her sisters were sleeping, their father asked her to scratch his back, then removed her shorts and underwear, inserted his penis into her vagina, and warned her not to tell anyone. She was 12 years and 3 months old at the time. Jinky testified that on December 9, 1994, her father ordered her to lie down, removed her shorts and panty, and inserted his penis into her vagina, causing her pain. He attempted again at dawn the next day, but she resisted. Jinky was 12 years and 9 months old. The sisters later confided in their grandmother, who brought them to the police and for medical examination. Dr. Maryann M. Fontanares found multiple healed lacerations on Jacqueline’s hymen, consistent with forcible abuse, and a swollen, tender, reddish vulva on Jinky, suggesting attempted penetration.
Accused-appellant pleaded not guilty and raised the defense of intoxication, claiming he was unaware of the incidents as he was very drunk on both occasions. He suggested the complaints were filed to get back at him for his disciplinary actions.

ISSUE

The primary issue is whether the trial court correctly convicted accused-appellant of two counts of rape, and whether the imposition of the death penalty in Criminal Case No. 2387 is proper.

RULING

The Supreme Court affirmed the conviction. The defense of intoxication is unavailing. The law presumes sanity, and the accused failed to prove insanity or complete deprivation of intelligence due to intoxication. His claim of not remembering the events is effete. The categorical and uncontroverted testimonies of the victims, corroborated by medical findings, fully establish his guilt. The aggravating circumstances of relationship (father-daughter) and deliberate intoxication were properly appreciated.
In Criminal Case No. 2386, the penalty of reclusion perpetua is affirmed. In Criminal Case No. 2387, the crime was committed after the effectivity of Republic Act No. 7659 , where rape committed by a parent against a child under 18 is punishable by death. With two aggravating circumstances (relationship and deliberate intoxication) and no mitigating circumstance, the imposition of the death penalty is proper. The Court also affirmed the award of P50,000.00 as civil indemnity to each victim and, applying prevailing jurisprudence, awarded an additional P50,000.00 as moral damages to each.