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Republic of the Philippines

OFFICE OF THE CITY PROSECUTOR


City of Marikina

ERNESTO CABELLON y ENCOMIENDA,


Victim SHANEIL CABELLON y MARCELLA
(11 YEARS OLD)
Complainants,
-versus-

I.S. NO. 07-2277


For: Acts of Lasciviousness in
Relation to R.A. 7610

DOMINADOR CACPAL, ,JR.


Respondent.
x---------------------------------------------------------x

RESOLUTION
This resolves the complaint for Acts of lasciviousness in relation to R.A. 7610 allegedly
committed against complainant SHANEIL CABELLON y MARCELLA, (11 YEARS
OLD), by the respondent.
Complainant SHANEIL CABELLON y MARCELLA (SHANEIL for brevity)
claimed that on June 2, 2007 she started to work at the resident of the respondent to take care of
the sick mother of the latter. On that night of even date when she came out from the room of
the mother of the respondent to get a glass of drinking water the respondent suddenly grabbed
her and carried her inside his bed room. Respondent locked the door and closed the windows of
his bedroom and started to remove his dress until he was completely naked. Respondent
grabbed her hand and pulled her towards him. Respondent threatened her that pag hindi ka
naghubad papatayain kita which led her in to fear .She started to raised her shirts because of the
fear, then respondent was the one who remove her dress until she was completely naked.
Respondent pushed her in to bed holding her both arms then he placed himself on top of her
kissing her lips against her will. Respondent forcedly open her legs and rub his penis to her
vagina. Complainant started to cry but respondent refused to let her go. When respondent
already finished of his sexual act he threatened the complainant that she will be killed if she will
tell the sexual abuse to any body.
The sexual abuse was allegedly repeated in almost the same manner and fashion on
another day of June 2007 and twice on August 2007 the last one was on August 23, 2007.
Shaneil presented Medico legal Report No. 152-10-30-07 issued by Police
Superintendent Jaime Rodrigo L. Leal, MD with the conclusion that: child made disclosure of
sexual abuse. No evident injury at the time of examination but medical evaluation cannot
exclude sexual abuse.
In his counter- affidavit the respondent vehemently denies the allegation against him by
the complainants and claimed that he did not engage the services of Shaniel to take care of her
mother since they have regular helper in the person of Baby Imelda Quimbaolibot. The said
allegation was corroborated by the affidavit of his mother in the person of Erlinda Cacpal as
attached in his counter-affidavit.
Respondent further claimed that the charge against him was mere creation of Shaniel as
a retaliation because he failed to lend her money in the amount of P1,000.00.
----Resolution
I.S. No. 0-2277

Page 2
-----

After Judicious evaluation of all the evidence adduced by the parties we find that there is
a probable cause to charge the respondent for (2) counts of rape instead of Acts of
lasciviousness of complainant minor SHANEIL CABELLON y MARCELLA happened
sometime on June 2, 2007 and on August 23, 2007 under par. 1 of Art. 266-A of the Revised
Penal Code as amended in relation to Sec. 5 (a) of R.A. 8369.
The rape was allegedly repeated in almost the same manner and fashion for about four
(4) times twice in June 2007 and twice on August 2007 all which took place in the same house
of the respondent but considering that the complainant remember only the June 2,2007 and
August 23,2007 incidents and cannot vividly recall the approximate date of the commission of
the other rape sometime in June and August 2007 , they cannot be made the basis of the filling
of the appropriate Information in Court with out infringing the right of the respondent to aptly
informed of the accusation leveled against him.
Art.266-A. of the Revised penal Code provides that:
Rape, When and How Committed.Rape is committed--1).
By a man who shall have carnal knowledge of a woman under any of the following
circumstances:
a)
b)
c)
d)

Through force, threat or intimidation;


When the offended party is deprived of reason or is otherwise unconscious;
By means of fraudulent machination or grave abuse of authority;
When the offended party is not under twelve (12) years of age or it is demented, even
though none of the circumstances mentioned above be present;
xxx xxx xxx
It is very clear from the evidence that respondent committed rape against SHANEIL. It
should be stressed that SHANEIL stated in her complaint affidavit that respondent place or
rub his penis to her vagina and such act of the respondent consummate the rape for in the crime
of rape penetration, even partial is not necessary. The slightest penetration is enough. Proof of
emission is not necessary. (Miller, Criminal Law, 299; People vs. Selfasion, et al., G.R. No. L14732, Jan.28, 1961)
Respondent defenses of denial cannot prevail in this instant case. It would be highly
improbable for a girl like SHANIEL a minor, to fabricate a charge so humiliating to herself and
her family as well, had she not been truly subjected to the pain and harrowing experience of
sexual abuse.
While it is true that initial Medical report of SHANIEL indicated that no evident of
injury was sustained by SHANIEL at the time of her examination it also hold true that the same
medical report indicated that the said medical evaluation cannot exclude sexual abused. Further a
medical examination is not essential in the prosecution of rape casea medical examination, as
well as the medical certificate, is merely corroborative in character (People vs. Iluis, 399 SCRA
396)
Lastly other defenses raised by respondent are evidentiary in nature and are better left
for the court to decide in a full blown trial.
----Resolution
I.S. No. 0-2277
Page 3

-----

Wherefore, we resolve that there is sufficient probable cause to charge the respondent
for 2 counts rape under Article 266-A paragraph 1 of the Revised Penal Code in relation to Sec.
5 (a) of R.A. 8369 committed against SHANEIL CABELLON y MARCELLA.
City of Marikina, May 7, 2008.

RICARDO T. PAET, JR.


Assistant City Prosecutor
APPROVED:

JASON ANTONIO AMANTE


City Prosecutor

Copy Furnished:
Ernesto Cabellon y Encomienda
Shaneil Cabellon y Marcella
#123 Carranceja Town House, Ipil
St., Marikina Heights, Marikina City
Dominador Cacpal, Jr.
#345 Rodiana Compound, Ordoez St.,
Marikina Heights, Marikina City

Republic of the Philippines


REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
City of Marikina

PEOPLE OF THE PHILIPPINES,


____________

CRIM.

CASE

NO.

(I.S. NO. 07-2277)


-versus-

for

DOMINADOR A. CACPAL, JR.,


(#345 Rodiana Compound, Ordoez
St., Marikina Heights, Marikina City)
Accused.
x----------------------------------------------x

Rape under par. 1 (d) of Art. 266-A of


the Revised Penal Code as amended
in relation to Sec. 5 (a) of R.A. 8369

INFORMATION
The undersigned Assistant City Prosecutor accuses DOMINADOR A. CACPAL, JR.
of the crime of Rape under par. 1(d) of Art. 266-A of the Revised Penal Code as amended in
relation to Sec. 5 (a) of R.A. 8369, committed as follows.
That on or about the 2nd day of June 2007, in the City of Marikina, Philippines, and
within the jurisdiction of this Honorable Court, the above-named accused, by means of force
and intimidation, did, then and there willfully, unlawfully and feloniously have carnal knowledge
with one SHANEIL CABELLON y MARCELLA, eleven (11) years of age, a minor, at the
time of the commission of the offense, against her will and consent.
CONTRARY TO LAW.
City of Marikina, May 7, 2008.
RICARDO T. PAET, JR.
Assistant City Prosecutor

APPROVED:
JASON ANTONIO AMANTE
City Prosecutor

This is to certify that I have conducted a preliminary investigation of this case; that
the accused was informed of the complaint and of the evidence submitted against him; that
he was given an opportunity to submit controverting evidence; that based on the evidence
presented; there is reasonable ground to believe that the crime has been committed and that
the accused is probably guilty thereof. I further certify that this information is being filed
with the prior authority of the City Prosecutor.
RICARDO T. PAET, JR.
Assistant City Prosecutor
SUBSCRIBED AND SWORN to before me this _____________in Marikina City.

WITNESSES:
1. Shaneil M. Cabellon - #123 Carranceja Town House, Ipil St., Mari kina Heights, Marikina
City.
2. Ernesto E. Cabellon -do3. And Others.
Bail Recommended: No Bail
Republic of the Philippines
REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
City of Marikina

PEOPLE OF THE PHILIPPINES,


___________

CRIM.

CASE

NO.

(I.S. NO. 07-2277)

-versus-

for

DOMINADOR A. CACPAL, JR.,


(#345 Rodiana Compound, Ordoez
St., Marikina Heights, Marikina City)
Accused.
x----------------------------------------------x

Rape under par. 1 (d) of Art. 266-A of


the Revised Penal Code as amended
in relation to Sec. 5 (a) of R.A. 8369

INFORMATION
The undersigned Assistant City Prosecutor accuses DOMINADOR A. CACPAL, JR.
of the crime of Rape under par. 1(d) of Art. 266-A of the Revised Penal Code as amended in
relation to Sec. 5 (a) of R.A. 8369, committed as follows.
That on or about the 23rd day of August 2007, in the City of Marikina, Philippines, and
within the jurisdiction of this Honorable Court, the above-named accused, by means of force
and intimidation, did, then and there willfully, unlawfully and feloniously have carnal knowledge
with one SHANEIL CABELLON y MARCELLA, eleven (11) years of age, a minor, at the
time of the commission of the offense, against her will and consent.
CONTRARY TO LAW.
City of Marikina, May 7, 2008.
RICARDO T. PAET, JR.
Assistant City Prosecutor
APPROVED:
JASON ANTONIO AMANTE
City Prosecutor

This is to certify that I have conducted a preliminary investigation of this case; that
the accused was informed of the complaint and of the evidence submitted against him; that
he was given an opportunity to submit controverting evidence; that based on the evidence
presented; there is reasonable ground to believe that the crime has been committed and that
the accused is probably guilty thereof. I further certify that this information is being filed
with the prior authority of the City Prosecutor.
RICARDO T. PAET, JR.
Assistant City Prosecutor
SUBSCRIBED AND SWORN to before me this ______________in Marikina City.

WITNESSES:
1. Shaneil M. Cabellon - #123 Carranceja Town House, Ipil St., Mari kina Heights, Marikina
City.
2. Ernesto E. Cabellon -do3. And Others.
Bail Recommended: No Bail
Republic of the Philippines
REGIONAL TRIAL COURT
City of Marikina
PEOPLE OF THE PHILIPPINES,

Crim. Case No. _______

(I.S. No. 07-2277)

-versus-

For:

DOMINADOR A. CACPAL, JR.


Accused.
x-------------------------------------------x

RAPE under par. 1 of Art. 266-A


of the Revised Penal Code, as amended
in rel. to Sec. 5(a) of R.A. 8369

MOTION FOR CONSOLIDATION


COMES NOW, the prosecution through the undersigned Assistant City Prosecutor, and to
this Honorable Court, respectfully states:
1. That the above-entitled cases are closely related to and inextricably interwoven with
one another;
2. That these cases are founded on the same facts and/or forming parts of a series of
offenses of similar character which may be tried jointly by one branch of this Honorable
Court pursuant to Section 14, Rule 119 of the 1985 Rules on Criminal Procedure; and
3. That the prosecution will be presenting common evidence in these cases.
WHEREFORE, it is respectfully prayed that these cases be consolidated, raffled and assigned
to only one branch of this Court.
City of Marikina.
May 7, 2008.

RICARDO T. PAET, JR.


Assistant City Prosecutor

THE CLERK OF COURT

Greetings:
Please submit the foregoing Motion for Consolidation to this Honorable Court for its
consideration and approval immediately upon receipt hereof.

RICARDO T. PAET, JR.


Assistant City Prosecutor