G.R. No. 137842 ; August 23, 2001
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. DANILO CATUBIG y HORIO, accused-appellant.

FACTS

Danilo Catubig was charged with rape under Article 335 of the Revised Penal Code for allegedly having carnal knowledge of his daughter, Dannilyn Catubig, by means of force, threats, and intimidation on November 27, 1997, in San Jose del Monte, Bulacan. He pleaded not guilty. The prosecution’s evidence established that on said date, around 4:00 PM, Dannilyn (born August 9, 1985) was watching TV with her siblings when her father arrived. He sent the other children to a nearby aunt’s house and then instructed Dannilyn to go inside a room and lie on a bed. He removed her shorts and panty, removed his own clothes, laid on top of her, and succeeded in inserting his penis into her vagina. Dannilyn did not resist out of fear, as her father had beaten and raped her before, starting when she was in Grade 1. The incident was discovered after the aunt grew suspicious and informed Dannilyn’s mother. A medical examination confirmed a healed hymenal laceration consistent with sexual intercourse. The accused denied the charge, claiming it was fabricated due to ill will following a family quarrel. The Regional Trial Court found him guilty beyond reasonable doubt and sentenced him to death, prompting an automatic review by the Supreme Court.

ISSUE

1. Whether the trial court erred in finding the accused guilty of rape.
2. Whether the trial court erred in not considering the information defective for failing to allege that the accused is the father of the victim and that the victim was under 18 years of age at the time of the rape.

RULING

The Supreme Court affirmed the conviction but modified the penalty and damages. On the first issue, the Court found the accused guilty. Dannilyn’s testimony was plain, categorical, spontaneous, and consistent, deserving full credence. The moral ascendancy and influence of a father substitute for the violence or intimidation required in rape. The defenses of denial and alibi cannot prevail over positive identification and are inherently weak. The claim that the charge was motivated by resentment was deemed flimsy and insufficient to explain a false accusation of such gravity. On the second issue, the Court held that while the information did not specifically allege the relationship and the victim’s age, these facts were sufficiently established during trial. However, for the imposition of the death penalty, these qualifying circumstances must be specifically alleged in the information. Due to this deficiency, the death penalty was reduced to reclusion perpetua. The accused was ordered to pay the victim P50,000.00 as civil indemnity and an additional P50,000.00 as moral damages.