PP vs Cariat, Pal, Cutacte and Magbanta

Case Number: G.R. No. 223565

Case Title: Jonathan Pal, Thaniel Magbanta, alias Dodong Mango (Ron Aries Dagatan Cariat), and alias
Tatan Cutacte [Accused]; Ron Aries Dagatan Cariat alias Dodong Mango [Accused-Appellant] versus
People of the Phillipines [Plaintiff-Appellee]

Facts:
The Regional Trial Court of Davao City, Branch 11, initially decided upon the case of AAA's rape
sentencing Cariat to Reclusion Perpetua and a fine of 50,000 Pesos as moral damages with six percent
annual interest from the date of decision until full payment.

AAA and appellate each have their own versions of the incident. AAA claimed that on her way home, she
was invited by Pal and Magbanta to celebrate Pal’s birthday. She accepted the invitation and, went
drinking with them and got drunk. While she was too weak and numb to call for help, they dragged her
to a grassy area, undressed her and Magbanta inserted his penis into her vagina and after which
punched her, causing her to faint. But Cariat’s testimony said that after they finished one bottle of Rum,
AAA presented another. Afterwards, she asked to relieve herself, also asking Magbanta to accompany
her. But only Magbanta returned.

Cariat appealed the case but the Court affirmed the previous decision by citing Article 266-A of the
Revised Penal Code, modifying the amount of moral damages to each Seventy-Five Thousand Pesos for
civil liability moral damages, and exemplary damages with the interest rate retained.

Issue:
The issue in this appellate case is whether the appellant was guilty of rape. Appellant claims that no
sufficient proof of physical or sexual assault was found since he only restrained AAA's legs. Appellant
also claims that conspiracy was not established by the prosecution.

Held/Rationale:

The court dismissed the appeal for lack of merit.

To constitute rape under Article 266-A of the Revised Penal Code, there must be Carnal knowledge of a
woman and said act was done through force, threat, or intimidation, when the woman is not of sound
mind or is under 12 years old. It was evident that Magbanta raped AAA against her will.

AAA’s testimony proved the existence of assault. There was no reason to doubt AAA's credibility.
Without proof of any arbitrariness or error, the trial Courts’ assessment of a witness’ credibility is greatly
valued if not followed by the Court.

Also, conspiracy was established when the accused acted to accomplish a common unlawful purpose.
This was clearly demonstrated. AAA’s testimony claims that appellant pointed a knife at her, and help
his co-accused drag her to a grassy area where Magbanta assaulted and had sexual intercourse with her.
As to the damages, the court held that when the circumstances of the crime call for the imposition of
Reclusion Perpetua only, the proper amounts should be 75,000 pesos each for civil liability, moral, and
exemplary damages with interest of six percent annually from the date of the decision until full
payment.