CONTRARY TO LAW, 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.[6]
Criminal Case No. 988-14-435
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, by means of force and intimidation,
and just after accused Toto Cabilida had committed acts of lasciviousness against
AAA, co-accused Jojo Cabilida did then and there willfully, unlawfully and
feloniously have carnal knowledge of the complainant AAA for the second time
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.
CONTRARY TO LAW, 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.[7]
When arraigned, appellant pleaded not guilty to both charges.[8] His co-accused
Toto, however, remains at large.
Version of the Prosecution
During the trial, the prosecution presented the testimonies of the complainant AAA
and her daughter BBB.
The evidence of the prosecution, as summarized by the CA, is as follows:
Based on the testimony of AAA, it was a rainy evening x x x when the rape
occurred. At or around midnight of24 December 2005, AAA and with her four minor
children were all awake and awaiting the arrival of their father who was then
visiting his nephew and who promised to bring home food for the family, when
there was a knock on their door. Thinking it was their father, one of the children
called out "Pang" but no one replied. AAA called out again, and then heard
somebody replied "O" (yes). A[s] it was raining very hard, AAA mistook the voice
she heard as that of her husband. When she opened the door, appellant was
standing outside completely naked with x x x Toto beside him. Before she could
react, appellant immediately hugged AAA and kissed her as they both fell on the
floor. Despite her resistance, appellant successfully removed AAA's panty, and
inserted his penis inside her vagina. All this time, AAA tried to resist, was crying
while being assaulted and repeatedly entreated for accused to stop. AAA cried as
did her children who witnessed the alleged rape right before their eyes. While
appellant was raping AAA, Toto remained standing by the door, holding a knife and