Ruling of the Regional Trial Court
On September 17,2012, the RTC rendered a Decision finding the appellant guilty of
the charges against him. The RTC found the "sweetheart theory" unworthy of belief
as it was contrary to common experience for a mother of four young children to
invite her lover to her house and have sexual intercourse with him while her
children were sleeping in the same room.[15] Thus
WHEREFORE, finding accused Cajeto "Jojo" Cabilida, Jr., 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 sentences him to two penalties
of reclusion perpetua without eligibility for parole. He is ordered to pay private
complainant P75,000.00 as rape indemnity, P75,000.00 as moral damages,
P30,000.00 as exemplary damages. With costs. He is credited with full time spent
in preventive detention since July 31, 2006.
SO ORDERED.[16]
Ruling of the Court of Appeals
Appellant appealed the case to the CA.
On December 10, 2014, the CA rendered the assailed Decision denying the appeal
and affirming the RTC Decision. The CA likewise 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 appellant and the
ambivalent and inconclusive testimony of witness Dennis.[17]
Appellant moved for reconsideration but the CA denied the same in its November
19, 2015 Resolution.
Hence, appellant filed the instant appeal.
The Court required both parties to file their respective supplementary briefs;
however, they opted not to file the same.[18]
The Court's Ruling
The appeal lacks merit.
Appellant insists that he should be acquitted as the prosecution failed to prove his
guilt beyond reasonable doubt. Appellant maintains that he and AAA were having
an illicit affair and that she filed the instant case against him only because one of