RAPE PEOPLE vs CAGA G.R. No. 206878, August 22, 2016.docx -...

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SECOND DIVISIONRAPE PEOPLE vs CAGA G.R. No. 206878, August 22, 2016 ]PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. MARCELINO CAGA Y FABRE, ACCUSED-APPELLANT.D E C I S I O NDEL CASTILLO, J.:This is an appeal from the February 14, 2012 Decision[1] of the Court of Appeals (CA) in CA-GR. CR-H.C. No. 04248, The CA Decision affirmed the November 13, 2009 Decision[2] of the Regional Trial Court (RTC) of Manila, Branch 26 in Criminal Case No. 06-246762, finding the appellant Marcelino Caga y Fabre (Caga) guilty beyond reasonable doubt of the crime of rape and sentencing him to suffer the penalty of reclusion perpetua.Factual AntecedentsCaga was charged with the crime of rape for having carnal knowledge of "AAA"[3] after having a drinking spree with her and her boyfriend, viz.:That on or about September 17, 2006, in the City of Manila, Philippines, the said accused, with lewd design, and by means of force, violence and intimidation, commit sexual assault upon "AAA", by then and there, while sleeping, placing himself on top of her ("pumatong") and inserting his penis into the vagina of said complainant, did then and there willfully, unlawfully and feloniously succeed in having carnal knowledge with the said "AAA," against her will and consent.Contrary to law.[4]Arraigned thereon, Caga, assisted by counsel, entered a negative plea. After pre-trial conference, trial on the merits followed.Version of the ProsecutionThe prosecution presented the following witnesses: the rape victim herself, "AAA," Barangay Kagawad Cresencio Aquino (Aquino), and the Women's Desk Officer, SPO1 Josette Saturnino (SPO1 Saturnino). Their collective testimonies tended to establish the following facts:On September 17, 2006, "AAA" and her boyfriend, Randy Bomita (Randy), went to Caga's residence at No. 2027 Kahilum II, Pandacan, Manila for a drinking spree. Along with other guests, Caga, Randy, and "AAA" started drinking from midnight of September 17, 2006 until the early hours of the following day. After consuming about four bottles of Red Horse Grande, "AAA" and Randy decided to spend the night at Caga'shouse since they were both very intoxicated. In fact "AAA" vomited a couple of times due to her alcohol intake.Caga was already asleep on a foam cushion on the floor when "AAA" and Randy slept beside him. While still intoxicated and asleep, "AAA" felt someone kiss her vagina. At first, she thought it was her boyfriend Randy who did it. She tried to push him away as she had menstruation at that time, but failed to stop him as this person proceeded to kiss her on the lips and then went on to take undue liberties with her person. Indeed, in no time at all Caga succeeded in mounting her and in penetrating her private parts with his penis. All the while, "AAA" thought that it was her boyfriend Randy who was having coitus with her.When she ("AAA") slowly opened her eyes, a tiny glimmer of light coming from the window revealed that itwas Caga who had copulated with her while she was in a drunken stupor. "AAA" then became hysterical.

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