G.R. No. 105688 - PEOPLE OF THE PHILIPPINES, VS. CAYETANO OBAR, JR., ACCUSED-.

Ruling

WHEREFORE, premises considered, the court finds accused GUILTY beyond reasonable doubt of the crime of RAPE as principal, without any modifying circumstances to consider, hereby sentences accused CAYETANO OBAR, JR. to serve the penalty of Reclusion Perpetua and to indemnify the offended party the amount of P30,000.00, with costs. "In the service of his sentence accused is hereby credited with the full time of his preventive imprisonment if he agreed to abide by the same disciplinary rules imposed upon convicted prisoners, otherwise, he will only be entitled to 4/5 of the same." The Facts The findings of fact of the trial court are as follows: In the morning of January 6, 1990, Domingo Jumadas left his house at Barangay Amagos, Bato, Leyte to attend to some matters in Barangay Tagaytay of the same town. At 11:00 a.m., Sofronia Jumadas, [3] the wife of Domingo. brought their cow to a shady place as earlier instructed by Domingo. Thereafter, she went home. What transpired next was narrated by the trial court as follows: "As she was inside her house and trying to attend to her seeds, she heard a thundering sound at her back and consequently was face to face with Cayetano Obar (accused) with a scythe who was about a meter from her. This Cayetano approached and held her arms up with his right hand and with the left land (sic) holding the scythe placed the weapon at the back of her neck. She did nothing but pleaded mercy. Then accused told her at last his lust for her can now be fulfilled as her husband is (sic) away. She told accused saying (sic) "why are you doing this Jun (accused) when we are both married and what is the fault of my husband to you that you are doing this?" But the accused was already kissing her. At this juncture, offended party was in a state of fear. "A while after, she retreated towards their kitchen, so that she might step on a bolo used by her husband to cut banana plants as feeds for their pigs. While retreating back, she tripped on a small table and she fell down to the floor. Inspite of her effort to free herself she could not as accused was still holding both her hands. Immediately after, accused opened the zipper of his pants and she noticed his penis was erect. Accused managed to remove her panty with his left hand up to her thighs and with his foot pushed it off her legs -and he tore off her blouse exposing her breast. Then accused started squeezing her breast with his left hand and later raised her skirt. At this moment she cried and accused started inserting his erect penis and was able to penetrate her and satisfy his lust. "After the sexual intercourse, accused left her by jumping out of the kitchen window. Then, as accused was already gone, she changed clothes and went to Brgy. Tagaytay to meet her husband. "At about noon time, she met her husband and told him she would separate from him because she was already dirty as she was raped by accused. "Thereafter, she and her husband went to the Bato Police Station and re