11 35 People V Degala GR 129292-93 June 20 2001

CASES Two (2) counts of Rape
CASE TITLE People v Arlengen Degala

CASE NO/DATE G.R. No. 129292-93; June 20, 2001
DOCTRINE The conventional requirement of allegata et probata in civil procedure and for essentially civil
cases was dispensed with in criminal prosecutions for rape with the civil aspect included
therein since no appropriate pleadings are filed wherein such allegations can be made.
FACTS
1. Hailyn Degala, second child of 6 children of spouses Heidi Degala and accused Arlengen Degala, was born on
August 3, 1977. The Degalas used to live in South Cotabato. On school days, the complainant and her siblings
stayed in the house of their mater grandparents and on weekends, they would go home as they did not have
classes.
2. Sometime in March 1988, Hailyn and her sisters slept in one room at the ground floor. Accused broke into the
room later that night. He crept towards her, touched her body. She resisted and they wrestled. The accused
succeeded in having carnal knowledge of her. She was 10 years old and 7 months then.
3. She wept the whole night until morning. Her sisters woke up and left the room, but did not see her crying
because she was lying face down.
4. The rape was repeated several times for 4 years. She estimated that she was abused 20 times. The last was in
1992 when again he forced himself on Hailyn by boxing her in the epigastric region.
5. In December 1992, Haily learned from her mother that the accused tried to rape her aunt. The information
enraged her and she finally revealed to her mother that the accused raped her. Her mother then asked her
other daughters (Helen and Harlyn) if the accused also raped them. They made the same revelations. The
accused laughed off the charges upon confrontation. He eventually left their house when Hailyn’s mother
threatened him that she would call the police.
6. Of the 3 girls, only Hailyn did not resist from prosecuting the accused.
7. The defense was anchored on denial.
8. The trial court found the accused guilty of 2 counts of rape.
Hence, appellant is seeking to reverse the judgment in the 2 criminal cases of 2 counts of rape.
ISSUE Whether the appellant is guilty of the two counts of rape.
RULING Yes. In rape cases, the lone testimony of the victim, if credible, is sufficient to sustain a conviction It is
a settled rule that when the issue focuses on the credibility of witnesses, or the lack of it, the
assessment of the trial court should be controlling, unless cogent reasons, and none exists in this case,
dictate otherwise. After a study of the evidence, we are convinced that Hailyn narrated the truth in
court. Her testimony is full of details and straightforward. As rightly ruled by the trial court, " it can
come only from one who has truly and personally undergone the agonizing events." All told, we agree
with the judgment of the trial court that the accused-appellant is liable for two counts of rape. At the
time the rape incidents were committed, Republic Act Nos. 7659 and 8353 were not yet in effect.
Thus, he was correctly sentenced to suffer the penalty of reclusion perpetua.
ISSUE 2 Whether the awarding of moral damages is in order.
RULING Yes. As regards the damages, the trial court awarded in favor of the complainant the amount of
P50,000.00 in each case "as civil indemnity by way of moral damages." We reiterate that civil
indemnity is distinct from moral damages and the two are awarded separately from each other. Civil
indemnity is mandatory upon the finding of the fact of rape. We resolved that moral damages may be
awarded to the rape victim, in such amount as the Court deems just, without the need for pleading or
proof of the basis thereof. The conventional requirement of allegata et probata in civil procedure and
for essentially civil cases was dispensed with in criminal prosecutions for rape with the civil aspect
included therein since no appropriate pleadings are filed wherein such allegations can be made.

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11 35 People V Degala GR 129292-93 June 20 2001

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CASES Two (2) counts of Rape

CASE TITLE People v Arlengen Degala

ISSUE Whether the appellant is guilty of the two counts of rape.

ISSUE 2 Whether the awarding of moral damages is in order.

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