SC upholds rape conviction of Zamboanga resident

MANILA, Philippines - The Supreme Court (SC) has upheld a decision of the Court of Appeals (CA) convicting a Zamboanga City resident for three counts of statutory rape and sentencing him to a maximum of 120 years in jail.

The SC’s Third Division upheld the conviction of Arnel Macafe who was found guilty beyond reasonable doubt for statutory rape and his sentence of reclusion perpetua, equivalent of 40 years in jail for each count, for raping his then 11-year-old stepdaughter in Zamboanga City in 1997.

The SC also increased the exemplary damages sought from Macafe from P25,000 to P30,000, and maintained the award of P50,000 as civil indemnity and moral damages for each count of rape.

“The law presumes that the victim does not and cannot have a will of her own on account of her tender years. The child’s consent is immaterial because of her presumed incapacity to discern evil from good,” the SC said.

Court records show that after the victim’s father died, her mother married Macafe in 1994. In August 1995, the couple, together with the victim and her sister, transferred to Zamboanga City. 

In May 1996, the girl’s mother went to Israel to work as a caregiver, leaving her children under Macafe’s care.

The rape incidents occurred on Sept. 10, 15, 18 in 1997, with Macafe threatening the victim that he would kill her if she would tell anyone about the rape.