Republic of the Philippines

OFFICE OF THE PROVINCIAL

PROSECUTOR
Province of Guimaras

JOSELLE MAKI JOY

I.S. NO. 07-2277
Complainant, For: Acts of Lasciviousness
-versus-

ALAN KORTOM
Respondent.
x -------------------------------------------------------- x

RESOLUTION
This resolves the complaint for Acts of lasciviousness committed against complainant
JOSELLE MAKI JOY, by the respondent.

Complainant JOSELLE MAKI JOY (JOY for brevity) claimed that on January 2, 2020,
she was on duty as a registered nurse at the Guimaras Provincial Hospital. At the end of her shift
at 11:00 PM, she entered the elevator going to the ground floor. Before the elevator was about to
close, her co-worker herein respondent reached for the elevator doors causing it to open again.
When they were inside the elevator, complainant tried to fix her bag but accidentally dropped her
books and charts. When she was getting these things on the floor, respondent touched her butt
and grabbed her from behind, pressing his penis against her. Complainant pulled away from him
and at the same time the doors opened and he ran away. She shouted “dakpa na! manyak nga tawo
na!” to the guards but respondent managed to escape.

In his counter- affidavit the respondent vehemently denies touching the butt of the
complainant, grabbing her from behind, and pressing his penis against her. All other allegations
were admitted. He claimed that as soon as the elevator started to move, he started to feel
lightheaded and dizzy, and thereafter, grabbed onto the complainant as he was beginning to lose
his balance. Respondent further claimed that the grabbing of the butt and the pressing of his penis
against complainant were unintentional and the latter was only a result of not being able to
maintain his sense of equilibrium.

-----

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 Acts of lasciviousness of complainant JOSELLE
MAKI JOY happened on January 2, 2020, under Art. 336 of the Revised Penal Code.

Art.336 of the Revised penal Code provides that:

“Any persoan who shall commit any act of lasciviousness upon other persons of either sex, under
any of the circumstances mentioned in the preceding article, shall be punished by prision
correccional”

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.
-----

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

(#345 Rodiana Compound, Ordoñez the Revised Penal Code as amended
St., Marikina Heights, Marikina City) in relation to Sec. 5 (a) of R.A. 8369
Accused.
x ----------------------------------------------x

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

(#345 Rodiana Compound, Ordoñez the Revised Penal Code as amended
St., Marikina Heights, Marikina City) in relation to Sec. 5 (a) of R.A. 8369
Accused.
x ----------------------------------------------x

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 - -do-
3. 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. RAPE under par. 1 of Art. 266-A

Accused. of the Revised Penal Code, as amended
x-------------------------------------------x 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