Case Digest (G.R. No. L-33788)
Facts:
People of the Philippines v. Alex Cabradilla alias Felix, G.R. No. L-33788, November 29, 1984, the Supreme Court Second Division, Concepcion, Jr., J., writing for the Court.
The criminal action arose from a complaint by Norma P. Valera that on November 3, 1967 the accused, Alex Cabradilla alias Felix, forcibly had sexual intercourse with her at Apartment 672-A, Antipolo St., Manila. The Court of First Instance of Manila convicted the accused of rape, sentenced him to reclusion perpetua with the accessory penalties, ordered indemnity to Norma of P20,000 as moral damages and P10,000 as exemplary damages, and imposed costs; this judgment was the subject of the present appeal.
At trial the prosecution presented Norma’s testimony that she was asleep when the accused suddenly forced the door, was naked, removed her panties, covered her mouth, pointed a balisong (Batangas knife) at her neck, and that she lost consciousness while the accused completed the sexual act; she also testified that the accused threatened to kill her and her parents and warned her not to report the incident. Norma underwent a medico-legal examination; Dr. Luis Larion reported findings consistent with sexual intercourse on or about November 3, 1967 (a healed laceration at the 5:30 o’clock position of the hymen and slight thickening). The prosecution also relied on testimony recounting later threats and an attempted forcible invitation to a hotel on March 1, 1968, and on the accused’s subsequent flight and temporary concealment until his arrest in September 1968.
The defense denied the use of force and claimed the sexual relations were consensual, asserting that the parties were sweethearts who had intercourse on November 1, 1967 and thereafter. Defense witnesses included a bed‑spacer, Angelina Ondo, who said she saw the accused and Norma kissing and making love, and Saturnino Lopez, Jr., who testified to seeing them enter a hotel on January 9, 1968. The accused also produced no documentary evidence of courtship (no love notes).
The trial court resolved credibility in favor of the complainant, describing her as an unsophisticated, credible witness and finding the ...(Pro-only)
Issues:
- Was the sexual intercourse between Alex Cabradilla and Norma P. Valera committed against Norma’s will (rape), or was it conse...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)