G.R. No. 125910 - PEOPLE OF THE PHILIPPINES, VS. EFREN CABEBE, ACCUSED-. D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, judgment is hereby rendered finding the accused Efren Cabebe guilty beyond reasonable doubt as principal of the crime of rape, and there being no modifying circumstances appreciated and not being entitled to the benefits of the Indeterminate Sentence Law, he is hereby sentenced to reclusion perpetua , with the acces[s]ory penalties of civil interdiction for life, and of perpetual absolute disqualification; to pay the offended party, Ednalyn Daboc, civil indemnity in the amount of P50,000.00, and to pay the costs. [4] Hence, this appeal. [5] Statement of Facts Version of the Prosecution The prosecution presented as its witnesses Ednalyn Daboc, the victim; Victoria Daboc, her maternal grandmother; and Dr. Rodulph Baladad, Sr., who testified on the medical certificate issued by Dr. Edgar Flores. The facts as viewed by the prosecution are as follows: Appellant Efren Cabebe is a carpenter, and common law husband of Rosalinda Garrido, with whom he has five children. They reside in Barangay Guadalupe, Coron, Palawan. The victim, Ednalyn Daboc, is the daughter of Rosalinda by another man. At the time of the incident complained of, she was thirteen years old and a third grade elementary student. Ednalyn stays with her grandmother Victoria Villoga Daboc, a midwife (hilot), who took care of Ednalyn since she was four months old. They live in another house within the same barangay. Sometime in May, 1993, Ednalyns grandmother, Victoria, went to Barangay San Nicolas also in Coron, Palawan and stayed there for about a month to assist in several deliveries. While she was away, Ednalyn stayed temporarily with her mother, Rosalinda and her common law family. Sometime in May, 1993, Ednalyn was left in the house together with appellant. At that time, Rosalinda was in the town proper of Coron, Palawan, to attend to some business while her children were washing clothes in a public faucet situated about forty meters away from their house. In the afternoon of that day, appellant called Ednalyn to the bedroom and asked her to pick lice from his head. He lied [sic] on the floor while Ednalyn sat close to his head. While in this position, appellant began undressing Ednalyn. After taking off her short pants and panty, he held her hands and forcibly pulled her to a lying position beside him. Immediately thereafter, he removed his clothes, laid himself on top of Ednalyn and forced his penis into her vagina. Appellant then moved his buttocks in a push and pull motion. While this was going on, Ednalyn cried in pain. She could not shout for help because she was afraid appellant might kill her. She also felt blood coming out of her organ. After about an hour, appellant let go of Ednalyn. He threatened to kill her if she told anyone about what happened. Intimidated, Ednalyn did not immed[i]ately disclose her ordeal to anyone. Later however, she revealed the same to her Aunt Ria. ( TSN, February 22, 1994, pp. 2-24, 31 ) When she learned that her g