PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. CIPRIANO CABALLES, ACCUSED-APPELLANT.

People versus Caballes

The Case

This is a criminal case for rape. The People of the Philippines prosecuted Cipriano Caballes, a father, for nine counts of rape committed against his own fourteen-year-old daughter, Arlene Caballes. The case matters because it is a study in the credibility of a child complainant, in the weight of medical evidence that shows an intact hymen, and in the settled rule that force and intimidation in rape may be moral rather than physical, especially where the offender is the victim's own father.

Procedural History

Nine separate complaints for rape were filed against the accused before Branch Ten of the Regional Trial Court of Cebu. The cases were jointly tried. The trial court rendered a decision convicting the accused in all nine cases, sentencing him to reclusion perpetua in each case, ordering him to indemnify the complainant in the sum of 10,000 pesos in each case, and to pay the costs. The accused appealed to the Supreme Court, assigning errors against the judgment of conviction.

Facts

Arlene Caballes was fourteen years old, a second-year high school student. She lived with her father, her elder sister Agnes, and her younger brother and sister in a small one-room space on the upper floor of a two-storey house. Her mother died on January 9, 1986. After the mother's death, the father's attitude toward Arlene changed. He did not allow her to go out of the house, and she gradually realized that her father wanted to possess her.

On nine occasions, from January 17 to April 5, 1986, the father woke Arlene at midnight and forced her to submit to sexual intercourse. On the first occasion, he poked a three-cantos knife at her neck and threatened to kill her if her cries were heard. On the later occasions, he slapped her, pressed his fist against her mouth, tore her clothing, or persuaded her with the promise that he would not insert his penis, all the while threatening to kill her if she told anyone. The acts took place in the same room where the other children slept. Agnes, the elder sister, corroborated the complainant and testified that she herself had been fondled by their father.

On April 12, 1986, the two sisters ran away and sought refuge with an uncle. Arlene later reported the matter to the police. She was examined at the Cebu City Medical Center. The medical certificate showed that the hymen was intact, with no lacerations, and the sperm analysis was negative. The examining physician testified that the hymen may remain intact after rape if it is lax, thick, and resistant, and that she found Arlene's hymen thick and very elastic. She also explained that sperm has a lifetime of about two days and that she examined Arlene several days after the last alleged attack. The accused denied the charges and claimed the accusations were fabrications.

Issues

• Whether or not the trial court erred in giving credence to the testimonies of the complainant and her sister despite the alleged improbability of their conduct and their silence.
• Whether or not the medical finding of an intact hymen negates the allegation of previous sexual congress.
• Whether or not the accused was convicted of rape without strong and convincing evidence of guilt.

Applicable Provisions

The decision applies the law on rape by force and intimidation. The complaints were uniformly worded as follows:

That on or about the 17th day of January, 1986, at 12:00 midnight, in the City of Cebu, Philippines, and within the jurisdiction of this Honorable Court, the said accused, being the father of the undersigned Arlene Caballes, armed with 3 cantos, with deliberate intent and by use of force and intimidation upon said Arlene Caballes, did then and there have sexual intercourse with said Arlene Caballes against her will.

This allegation frames the elements the prosecution had to prove: carnal knowledge of the complainant, accomplished by force and intimidation, and against her will.

Ruling

On the first issue, the Court held that the trial court did not err in crediting the complainant and her sister. The silence of Agnes was understandable. She was only sixteen years old, and her father was a violent man who frequently maltreated his daughters. The fear he instilled caused Arlene to bow to his carnal desires and Agnes to submit to his advances. The Court also recognized that the act was so humiliating that Agnes preferred to keep quiet, for fear that others might ridicule her family. The trial court observed that Agnes must have been only pretending to be asleep, and that the younger children may have dozed off, since children are known to be sound sleepers.

On the second issue, the Court rejected the argument that the intact hymen negated the rapes. The physician testified that the hymen may remain intact after rape if it is lax, thick, and resistant, and that Arlene's hymen was thick and very elastic. The negative sperm result was explained by the fact that the examination was conducted several days after the last attack.

On the third issue, the Court found that the guilt of the accused was proven beyond reasonable doubt. The testimony of the complainant, corroborated by her sister and consistent with the medical evidence, established the crime. The Court affirmed the conviction.

Doctrine

A Bar candidate should retain these rules. First, the credibility of a child complainant in rape is entitled to great weight where her testimony is consistent and corroborated. Second, the silence of a witness to a sexual assault is not proof of fabrication where it is explained by fear of a violent parent and by the humiliation the act brings to the family. Third, an intact hymen does not negate rape, because the hymen may be lax, thick, and resistant, and a negative sperm result does not negate rape where the examination is conducted days after the act. Fourth, force and intimidation in rape may be moral, not physical, especially where the offender is the victim's own father, whose threats and violence subdue the will of the child.

Disposition

The Supreme Court affirmed the judgment of conviction, holding the accused guilty of nine counts of rape and sentencing him to reclusion perpetua in each case, with indemnity of 10,000 pesos in each case, and costs.

Remember This

The single line worth memorizing is that an intact hymen and a negative sperm result do not negate rape, and the silence of a child witness is explained by fear and humiliation. Examiners use this case to test the credibility of a child complainant and the weight of medical evidence in rape prosecutions.