G.R. No. 206878 , August 22, 2016
People of the Philippines, Plaintiff-Appellee vs. Marcelino Caga y Fabre, Accused-Appellant

FACTS

Accused-appellant Marcelino Caga y Fabre was charged with rape for having carnal knowledge of “AAA” on September 17, 2006, in Manila. The Information alleged the act was committed by means of force, violence, and intimidation while the complainant was sleeping. The prosecution’s version established that “AAA,” her boyfriend Randy, and Caga had a drinking spree at Caga’s residence. Extremely intoxicated, “AAA” and Randy decided to sleep at Caga’s house. While asleep and intoxicated, “AAA” felt someone kiss her vagina and lips, and subsequently mount and penetrate her. Initially thinking it was her boyfriend, she later realized it was Caga when she opened her eyes and saw him by a glimmer of light. She became hysterical, reported the incident to the barangay and police, and underwent a medical examination. Barangay Kagawad Cresencio Aquino testified that Caga admitted to the rape when confronted. The defense presented Caga as its sole witness, denying the accusation and claiming “AAA” became hysterical upon waking up without cause.

ISSUE

Whether the Court of Appeals gravely erred in finding the accused-appellant guilty beyond reasonable doubt of rape despite the prosecution’s alleged failure to convincingly prove his guilt, particularly the element of force, violence, or intimidation.

RULING

The Supreme Court denied the appeal and affirmed the conviction with modifications to the damages. The Court held that the crime committed falls under Article 266-A(2) of the Revised Penal Code (rape when the offended party is deprived of reason or is otherwise unconscious), not under paragraph 1 (by force, threat, or intimidation). The evidence conclusively showed that Caga had sexual intercourse with “AAA” when she was asleep and under the influence of alcohol, thus unconscious and incapable of giving consent. The findings of fact and credibility assessments of the trial court and the Court of Appeals, which found the complainant’s testimony credible and without ill motive, are accorded high respect. The award of damages was modified: moral damages increased to P75,000.00, and civil indemnity and exemplary damages, each in the amount of P75,000.00, were added. All damages shall earn interest at 6% per annum from the finality of the decision until fully paid.