G.R. No. L-62999 June 25, 1992
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ARCADIO CABILAO, accused-appellant.

FACTS

Accused-appellant Arcadio Cabilao was charged with the crime of rape under Article 335 of the Revised Penal Code, as amended, in a sworn criminal complaint filed by Erlinda V. Rafon on April 13, 1976. The complaint alleged that on or about January 22, 1976, in Davao City, the accused, by means of force and violence, had carnal knowledge of the complainant, who was thirteen years old, against her will. The accused pleaded not guilty. After trial, the Regional Trial Court of Davao found him guilty and sentenced him to reclusion perpetua, an indemnity of P10,000.00, and costs. The accused appealed. The prosecution’s evidence established that on January 22, 1976, at around 4:30 p.m., the 74-year-old accused, a neighbor, grabbed and dragged the 13-year-old complainant to a cornfield, threatening her with a bolo. At dusk, he brought her to his house, undressed her, and through force and intimidation, succeeded in having carnal knowledge of her three times—once that evening, again at midnight, and a third time at dawn the next day. The following day, he hid her in the ceiling of his house. Later, he released her, gave her money, and instructed her to go to the Bankerohan public market. The complainant eventually found work as a housemaid, was later found by her mother, and reported the incident. A medical examination on February 17, 1976, confirmed recent sexual intercourse. The defense claimed the complainant voluntarily submitted to his advances and that there was no complete sexual intercourse due to his alleged inability to maintain an erection, attributing this to being tired, hungry, afraid, and mad.

ISSUE

The principal issue relates to the appreciation of evidence, specifically whether the complainant voluntarily submitted to the sexual desires of the accused and whether the trial court erred in not considering the testimonies of the defense witnesses.

RULING

The Supreme Court affirmed the trial court’s decision, finding the accused guilty of rape. The Court held that the complainant’s testimony was credible, straightforward, and consistent, and was corroborated by the medical findings. The defense of voluntary submission was rejected. The Court found the defense version inherently unbelievable and noted the accused’s claim of impotence was contradicted by his own testimony where he attributed his condition to being tired, hungry, afraid, and mad, not to his age. The Court modified the indemnity, increasing it from P10,000.00 to P30,000.00 in accordance with recent case law. The decision was affirmed with this modification.