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Per Special Order No. 2560 dated May 11, 2018. *** [1] People v. Domingo, 432 Phil. 590, 607 (2002). Rollo, pp. 3-15; penned by Associate Justice Pablito A. Perez and concurred in by Associate Justices Edgardo A. Camello and Henri Jean Paul B. Inting. [2] [3] CA rollo, pp. 93-94. [4] Id. at 32-37; penned by Acting Presiding Judge Ma. Nimfa Penaco-Sitaca. "The identity of the victim or any information which could establish or compromise her identity, as well as those of her immediate family or household members, shall be withheld pursuant to Republic Act No. 7610, An Act Providing for Stronger Deterrence And Special Protection Against Child Abuse, Exploitation And Discrimination, Providing Penalties for its Violation, And for Other Purposes; Republic Act No. 9262, An Act Defining Violence Against Women And Their Children, Providing For Protective Measures For Victims, Prescribing Penalties Therefor, And for Other Purposes; and Section 40 of A.M. No. 04-10-11-SC, known as the Rule on Violence against Women and Their Children, effective November 15, 2004." People v. Dumadag, 667 Phil. 664, 669 (2011). [5] [6] Rollo, p. 4. [7] Id. at 5. [8] Id. [9] Id. at 5-7. [10] Id. at 7. [11] Id. [12] Id. [13] Id. [14] Id. at 8. [15] CA rollo, pp. 36-37.

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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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Commission on Human Rights

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People v. Cabilda

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