People v.

Cabalquinto
G.R. No. 167693 – Sept 19, 2006
TINGA, J.

Topic: RA 9262 and RA 7610 – Confidentiality in cases of sexual abuse

Petitioners: People of the Philippines

Respondents: Melchor Cabalquinto

FACTS:

 Melchor Cabalquinto and ABC, who is an overseas worker, where in a common-law

relationship which bore them four children – AAA, BBB, CCC, DDD
 Nov. 8, 1998 – After going to her friend’s birthday party, AAA, 8 years of age, went home
to see that her father, Melchor, was drunk. Melchor ordered AAA to close the door, windows,
and lights of the house. There, Melchor placed himself on top of AAA and raped her.
 Nov. 13, 1998 – ABC was on her way home when she saw her three kids outside their house
while the door of the house was closed and lights inside were on. ABC peeped through the
gap between the wall and the door. She saw Cabalquinto humping their daughter, AAA.
ABC kicked and pounded the door. She got AAA and she confided the event to her sister-
in-law. ABC also went to her sister for advice and the latter told her to go to the barangay
officials and the police
 Nov. 14, 1998 – AAA’s Salaysay was taken by the police and they were also referred to the
Child Protection Unit of the Philippine General Hospital for AAA’s medical examination.
 Dr. Stella-Guerrero-Manalo found that AAA’s hymen was quite large and distensible
possibly because of penile penetration. She likewise recovered a strand of pubic hair inside
AAA’s vaginal vault. She did not find any traces of bleeding because she concluded that
injury is rare in cases of incestuous rape.
 Cabalquinto denied AAA’s allegation by claiming that he slept early on both dates and he
likewise claimed that the case filed against him was merely an offshoot of the frequent
quarrels between him and his common-law wife, ABC.
 The RTC and CA found Cabalquinto guilty of 2 counts of rape with the aggravating
circumstance of parentage hence sentencing him to suffer the penalty of death.

ISSUES:

W/N Cabalquinto is in fact guilty of rape

YES
 AAA was firm in her narration of her traumatic experience. During cross examination, she
remained steadfast in her assertion that her father inserted his penis inside her genitals and
raped her, even demonstrating what she understood of the word rape by forming a circle
with her fingers and moving her middle finger inside and out indicating sexual intercourse.
 AAA was but 8 years old when the incidents of rape happened. A child of her
tender years cannot be expected to be able to recount the details of her torment
with exactitude.
 Dr. Manalo’s findings corroborate AAA’s testimony
 ABC’s testimony further bolsters AAA’s charge of rape against her father
 The conduct of both ABC and AAA the day after reveal the veracity of the rape charges
W/N it is justified to not disclose the identities and personal circumstances of child rape and
sexual abuse victims

YES
 Sec. 29 of RA 7610, Special Protection of Children Against Child Abuse, Exploitation and
Discrimination Act provides that it is unlawful for any editor, reporter, announcer etc. to
publicly sensationalize any case involving any violation of this act which results in the
moral degradation and suffering of the offended party.
 Sec. 44 of RA 9262, Anti-Violence Against Women and Their Children Act of 2004 states
that all records related to cases under RA 9262 must remain confidential. Violators shall
be liable to the court’s power of contempt, 1 year imprisonment, and a fine of P 500,000.00
 This issue was raised in response to a letter sent by a Mother of a child abuse victim who
wanted to effectuate the above-mentioned policies by asking the Court to refrain from
posting in its web page the full-text of decisions involving child sexual abuse.
 Hence, the court required the OSG, IBP, the National Press Club (NPC), and KBP to
comment on the letter
 The OSG was of the opinion that:
 The unfiltered posting of child abuse cases violates the child’s right to
privacy since there was a reasonable expectation of privacy and since
society recognizes this expectation as reasonable
 Child victims cannot be presumed to have intended their initial agreement
to extend beyond the termination of their case to the posting of the decision
reached by the Court on the Web Page
 The SC could make use of pseudonyms
 KBP:
 The members of KBP agreed not to identify in their broadcasts the names
of the children
 NPC:
 The prevailing media practice is to inquire whether these individuals wish
to have their names appear in the report
 Taking all these opinions into account and in view of recent enactments which
unequivocally express the intention to maintain the confidentiality of information in cases
involving violence against women and their children, in this case and henceforth, the Court
shall withhold the real name of the victim-survivor and shall use fictitious initials instead to
represent her. Likewise, the personal circumstances of the victims-survivors or any other
information tending to establish or compromise their identities, as well those of their immediate
family or household members, shall not be disclosed

RULING:

WHEREFORE, the decision of the Regional Trial Court of Quezon City, Branch 87, in Criminal
Cases Nos. Q-98-79683 and Q-98-79684, as well as the Decision of the Court of Appeals in CA-
G.R. CR No. 00260, are AFFIRMED WITH MODIFICATION. Appellant MELCHOR
CABALQUINTO is sentenced, in each of the criminal cases subject of this review, to suffer the
penalty of reclusion perpetua without eligibility for parole and to pay the victim, AAA (to be
identified through the Informations filed with the trial court in this case), the amounts of P75,000.00
as civil indemnity, P75,000.00 as moral damages and the further sum of P25,000.00 as exemplary
damages plus costs.