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JurisprudenceG.R. No. 121508 -

G.R. No. 121508 - PEOPLE OF THE PHILIPPINES, VS. JOEL CABEL Y IWAG, ACCUSED-.

Cited Laws

RA 241RA 729RA 538RA 107RA 467RA 613RA 635RA 398RA 234RA 571RA 685
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Decision

Ruling

Accordingly, we adopt and quote the same hereunder: At around 3:00 oclock in the afternoon of August 27, 1989, a Sunday, complainant Alma Dumacyon, a fifteen-year old girl, was on her way to her aunts house located in Barangay Tumbaga, Quirino, Ilocos Sur. She was a student at Tirad View Academy in Barangay Tumbaga which was an hours walk away from her home in Sitio Dagman, Poblacion, also in Quirino, Ilocos Sur. Alma left for Barangay Tumbaga that Sunday in order to attend classes the following morning. (pp. 3-5, tsn, A. Dumacyon, February 24, 1994). While passing through Nabukaan, Sitio Dagman, Alma was accosted by appellant Joel Cabel who suddenly emerged from a thicket by the left side of the road. Alma was frightened by the appellants abrupt appearance, Alma shouted for help. Appellant immediately pulled Alma towards the thicket from where he emerged and onward till he reached a spot about twenty meters away from the road. Alma continued shouting for help, Arayatendak Apo (pp. 5-8, tsn, A. Dumacyon, February 24, 1994). Appellant beat Alma mercilessly. He hit her several times at the back and then pulled out a knife which he brandished at Alma. Appellant grabbed Almas neck with his right hand and forcibly pushed her down. Almas buttocks hit the ground. (pp. 8-10, tsn, A. Dumacyon, February 24, 1994). Thereafter, appellant pocketed his knife and then pulled down Almas garterized skirt and panty. As he was doing this, Alma kicked him on the waist but this did not deter appellant. Appellant took off his pants and forced sexual intercourse with Alma. Alma felt intense pain and lost consciousness. When she woke up, she saw appellant leaving, headed towards the road where he had accosted her. (pp. 11-14, tsn, A. Dumacyon, February 24, 1994). Alma proceeded to her aunts house in Barangay Tumbaga. She stayed there for the next three days because she had to take her school examination. (pp. 14-15, tsn, A. Dumacyon, February 24, 1994). Thereafter, Alma left for her parents home in Sitio Dagman. Upon her arrival, her father noticed at once that she looked sickly. Curious, he asked for an explanation. Alma told her father that she was raped by appellant Joel Cabel. (pp. 16-17, tsn, A. Dumacyon, May 12, 1994, p. 4, tsn, F. Dumacyon, May 13, 1994). After learning that his daughter had been raped, Almas father, Fortunato Dumacyon, lost...(his) composure. (p. 4, F. Dumacyon, May 13, 1994). Thus, he did not immediately report the crime to the police authorities. (pp. 4 and 7, supra). On October 2, 1989, or thirty-six days later from the time of the rape, Alma, who was accompanied by her father, went to the Philippine National Police in Quirino, Ilocos Sur, where she reported the crime and executed a sworn statement. (pp. 17-18, tsn, A. Dumacyon, February 24, 1994, p. 23, tsn, A. Dumacyon, May 12, 1994). On October 5, 1989, Alma had herself examined by Dr. George P. Calugay at the Besang Pass District Hospital. Upon internal examination, Dr.