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FIRST DIVISION [ G.R. No. 222964, July 11, 2018 ] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. CAJETO CABILIDA, JR. Y CANDAWAN, ACCUSED-APPELLANT. DECISION DEL CASTILLO, J.: "A woman will not expose herself to the humiliation of a trial, with its attendant publicity and the morbid curiosity it would arouse, unless she has been truly wronged and seeks atonement for her abuse."[1] This is an appeal filed by appellant Cajeto Cabilida, Jr. y Candawan from the December 10, 2014 Decision[2] and the November 19, 2015 Resolution[3] of the Court of Appeals (CA) in CA-G.R. CR HC No. 01087-MIN, affirming the September 17, 2012 Decision[4] of the Regional Trial Court (RTC) of Oroquieta City, Branch 14, in Criminal Case Nos. 986-14-433 and 988-14-435, finding the appellant guilty beyond reasonable doubt of two counts of rape. The Factual Antecedents Appellant and his co-accused Toto Cabilida (Toto) were charged under the following Amended Informations: Criminal Case No. 986-14-433 That on or about the 24th day of December 2005 at about 12:00 o'clock midnight, more or less, x x x Province of Misamis Occidental, and within the jurisdiction of the Honorable Court, the above-named accused, conspiring, confederating and helping one another, armed with a hunting knife by means of violence and intimidation, accused Jojo Cabilida did then and there willfully, unlawfully and feloniously have carnal knowledge of the complainant AAA,[5] against her will, in her own house and in the presence and in full view of her minor children BBB and CCC, both 10 years old and 8 years old, respectively and while co-accused Toto Cabilida was threatening to box the victim and pointing and threatening the children with the knife and then pointing the flashlight during the rape.

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People v. Cabilda

Jurisprudence

Case number: G.R. No. 222964

Date of decision: Jul 11, 2018

Year of decision: 2018

GBV Case Type

Rape

Nature of the case: A housewife and a mother of 2 minor children was raped by the alleged victim's acquaintance two times with the presence of qualifying aggravating circumstance of committing the crime of rape in the full view of the victim's minor children and generic aggravating circumstance of dwelling. The Court rejected the "sweetheart theory" propounded by the defense as it found no evidence to prove that such relationship actually existed except for the self-serving testimony of the accused and the ambivalent and inconclusive testimony of his witness. The Supreme Court affirmed the decision of the RTC and CA in their findings that the accused is guilty beyond reasonable doubt of two counts of rape, aggravated by its commission in full view of private complainant's children and in her dwelling, the court sentenced him to two penalties of reclusion perpetua without eligibility for parole.

Summary of outcome

The accused was convicted for two (2) counts of Rape (with aggravating circumstance of its commission in full view of victim's children and in victim's dwelling) and sentenced to suffer the following, viz:

Two penalties of reclusion perpetua without eligibility for parole; and
Pay the victim civil indemnity, moral damages, and exemplary damages should be increased to P100,000.00 each for each count of rape and the awards of damages shall earn interest at the rate of 6% per annum from the date of finality of the decision until fully paid.

Observatory: Gender-Based Violence

Affected Sector

Women

Ponente: DEL CASTILLO, J.:

Long title: PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. CAJETO CABILIDA, JR. Y CANDAWAN, ACCUSED-APPELLANT.

Geolocation 1

Latitude: 8.485802

Longitude: 123.798161

: Geolocation 1

Primary Documents

CABILDA.pdf
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