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Resolution
Resolution
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.
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.
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.
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Resolution
I.S. No. 0-2277
Page 2
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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.
1). By a man who shall have carnal knowledge of a woman under any of the following
circumstances:
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. L-
14732, 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 case—a 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.
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Resolution
I.S. No. 0-2277
Page 3
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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.
APPROVED:
Copy Furnished:
-versus- for
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.
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.
WITNESSES:
1. Shaneil M. Cabellon - #123 Carranceja Town House, Ipil St., Mari kina Heights, Marikina
City.
2. Ernesto E. Cabellon - -do-
3. And Others.
Bail Recommended: No Bail
-versus- for
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.
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.
WITNESSES:
1. Shaneil M. Cabellon - #123 Carranceja Town House, Ipil St., Mari kina Heights, Marikina
City.
2. Ernesto E. Cabellon - -do-
3. And Others.
Bail Recommended: No Bail
-versus- For:
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
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.
Greetings:
Please submit the foregoing Motion for Consolidation to this Honorable Court for its
consideration and approval immediately upon receipt hereof.