G.R. No. 127657 November 24, 1998
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. FELIPE CABANELA, accused-appellant.

FACTS

Accused-appellant Felipe Cabanela was charged with the rape of his 14-year-old daughter, Genelyn O. Cabanela, on or about April 14, 1995, in Barangay San Roque, Mercedes, Camarines Norte. The prosecution presented the victim, who testified she was raped three times by her father, with the specific incident on Good Friday, April 14, 1995, occurring around 6:00 PM inside their house while her siblings were away. She stated the accused used force, threatened her and her siblings with death if she revealed the act, and she subsequently reported it to her mother. The victim’s mother, Juanita O. Cabanela, confirmed that Genelyn had reported prior rapes in September 1994, which the accused admitted and asked forgiveness for, and again in April 1995, leading to the filing of the case. An eyewitness, Gerry Cabanela (the victim’s brother), testified he saw through a partition the accused undress the victim, box her thigh, cover her mouth, and get on top of her before he left the house out of fear. Dr. Marcelito D. Abas, who medically examined Genelyn, found healed hymenal lacerations consistent with penetration by an erect penis. The defense relied on alibi, with the accused claiming he was on a fishing trip from early morning until about 7:00 PM on April 14, 1995, a claim corroborated by his father, Victor Cabanela. The Regional Trial Court convicted the accused of rape and imposed the death penalty, leading to this automatic review.

ISSUE

Whether the trial court erred in convicting accused-appellant Felipe Cabanela of the crime of rape based on the evidence presented.

RULING

The Supreme Court AFFIRMED the conviction with MODIFICATION. The Court held that the prosecution successfully proved the guilt of the accused beyond reasonable doubt through the credible, categorical, and straightforward testimony of the victim, which was corroborated by her mother’s account of the accused’s admission of guilt and plea for forgiveness, the eyewitness account of her brother, and the medico-legal findings. The Court rejected the accused’s defenses: (1) his claim that it was unlikely for a father of eight to commit rape, noting his failure to provide adequately for his family and send his children to school; (2) his argument that the crime could not have occurred on Good Friday, a time of consecration, stating that lust respects no time or place and noting the accused’s own irreligious act of fishing on that day; (3) his suggestion that the charge was motivated by spite due to parental punishment, finding it improbable for a young girl to fabricate a story bringing shame to her family and putting her father on death row; and (4) his alibi, which was inherently weak and not established by clear and convincing evidence. The Court modified the damages, ordering the accused to indemnify the victim in the amount of P75,000.00 as compensatory damages, P50,000.00 as moral damages, and P20,000.00 as exemplary damages. The death penalty was affirmed, and the records were ordered forwarded to the Office of the President for possible exercise of the pardoning power.