PEOPLE OF THE PHILIPPINES, vs. ISABELO GUIBAO, *.
- G.R. Number: G.R. No. 93517
- Promulgated: 1993-01-15
- Ponente: Regalado, J.
Doctrine
Conviction for rape requires proof beyond reasonable doubt; where established, severe penalties follow.
Non-flight of an accused does not necessarily indicate innocence; absence of flight is not dispositive of culpability.
Courts may increase moral damages in cases of rape of very young victims to reflect the traumatic and psychological harm inflicted.
Facts
The accused was found to have committed rape under par. 3 of Art. 335, RPC, and sentenced to reclusion perpetua; indemnity and moral damages were awarded, and counsel de oficio paid P500.00.
The victim, Lindy Escalante, was born on 16 July 1979 and lived with her parents in Hanigad, Surigao City when the alleged rape occurred.
On the morning of 5 November 1985, Lindy went out to play "hide and seek" with three playmates while the adult caretaker was asleep.
The Court rejected appellant's argument that his failure to flee proved innocence, holding that non-flight is not necessarily indicative of a clear conscience.
Issues
Whether the prosecution proved beyond reasonable doubt that the accused committed rape under par. 3 of Article 335, RPC.
Whether the award of actual and moral damages should be sustained or modified given the record.
Ruling
Yes. The Court held the accused guilty of rape under par. 3, Article 335, RPC, and sentenced him to reclusion perpetua; indemnity and damages were imposed and counsel de oficio paid.
The award of P2,000.00 as actual damages was deleted for lack of proof; moral damages by way of indemnity were increased to P50,000.00. Judgment affirmed with that modification.
Keywords
G.R. No. 93517, Rape, Article 335 of the Revised Penal Code, reclusion perpetua, actual damages, moral damages, circumstantial evidence, credibility of witnesses, testimony of rape victim, medical certificate, lacerated hymenal opening, spermatozoa, denial, alibi, due process, Rules of Court, extrajudicial confession, chain of custody, aggravating circumstances, yes sir