Case Digest (G.R. No. 170477)
Facts:
People of the Philippines v. Harold Wally Cabierte, G.R. No. 170477, August 07, 2007, Supreme Court Second Division, Carpio Morales, J., writing for the Court.The appellant, Harold Wally Cabierte, was one of three co-accused charged with rape before the Regional Trial Court (RTC) of Baguio in Criminal Case No. 15542-R; two additional informations (Criminal Cases Nos. 15594-R and 15595-R) were later filed, so that three separate rape charges were tried against the accused. The Informations alleged that on December 2, 1997 the accused, acting as conspirators, dragged the complainant (hereinafter AAA) into a makeshift tent and, despite her protests and struggles, had carnal knowledge of her.
At trial AAA testified that Viernes pulled her into the tent, pinned her down (dinaganan), while appellant held her hands and a co-accused held her legs; the three then sequentially had intercourse with her despite her resistance. The accused admitted intercourse but maintained it was consensual. Two defense witnesses testified that AAA had boasted of enjoying consensual sex, and the defense presented evidence that AAA had the reputation of a "pokpok girl" and that her extra‑genital injuries allegedly resulted from an earlier fall on November 14, 1997.
On December 8, 1997, medico‑legal officer Dr. Ronald Bandonill examined AAA and noted contusions on the right forearm and left knee, multiple linear abrasions on the posterior trunk and chest, and old‑healed complete hymenal lacerations; he concluded the injuries were compatible in age with the December 2 incident and that the bruises and abrasions could have been caused by a hard blunt object, heavy weight, fist, or friction from a rough surface while struggling.
Branch 6 of the RTC, by Decision dated January 4, 1999, found the three accused guilty as conspirators of three counts of rape under Article 266‑A(1)(a) in relation to Article 266‑B (as amended by Republic Act No. 8353), and sentenced Cabierte to reclusion perpetua for each count; the two youthful offenders received lighter penalties and were committed to custodial care. Cabierte appealed; because reclusion perpetua was imposed, the records were initially forwarded to the Supreme Court but were transferred to the Court of Appeals pursuant to People v. Mateo. The Court of Appea...(Subscriber-Only)
Issues:
- Whether force attended each of the sexual intercourses, thereby constituting rape under Article 266‑A(1)(a) of the Revised Penal Code as amended by R.A. No....(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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