813 Phil. 862
FIRST DIVISION
[ G.R. No. 221443, July 17, 2017 ]
THE PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS.
DOMINADOR LADRA, ACCUSED-APPELLANT.
DECISION
PERLAS-BERNABE, J.:
On appeal[1] is the Decision[2] dated June 30, 2015 rendered by the Court of
Appeals (CA) in CA-G.R. CR-HC No. 01160-MIN, which affirmed the Joint Decision[3]
dated February 6, 2013 of the Regional Trial Court of Cagayan de Oro City, Branch
22 (RTC) in FC Crim. Case Nos. 2008-426 and 2008-427 finding accused-appellant
Dominador Ladra (accused appellant) guilty beyond reasonable doubt of Rape and
Unjust Vexation.
The Facts
Private complainant AAA[4] was born on September 3, 1995[5] and the eldest of five
(5) siblings. At the time material to these cases, she lived with her family in a
remote area in Dumarait, Balingasag, Misamis Oriental.[6]
On the other hand, it was alleged that accused-appellant was a relative of BBB,
AAA's mother, who allowed him to stay with their family out of pity. He ran errands
for them and attended to the children when BBB was busy washing clothes and her
husband, CCC, was tending to their farm.[7]
Sometime between 2000 to 2001,[8] when AAA was around five (5) years old, she
and her siblings were left at home with accused-appellant. After their meal,
accused-appellant ordered them to sleep. Suddenly, AAA was awakened when she
felt accused-appellant, who was already naked, on top of her, forced his penis into
her vagina, and made push and pull movements, causing her pain. Accusedappellant threatened to kill her if she told anyone. Thereafter, accused-appellant
repeatedly molested her, each time bringing his bolo with him.[9] The sexual abuse
ceased in 2002, when accused-appellant left their house.[10]
Years later, or on the evening of April 16, 2008, AAA - who was already twelve (12)
years old at the time - was surprised when she saw accused-appellant in their