Access over 20 million homework & study documents

Republic of the Philippines Supreme Court Manila

Content type
User Generated
Type
Study Guide
Rating
Showing Page:
1/7
Republic of the Philippines
Supreme Court
Manila
FIRST DIVISION
PEOPLE OF THE
PHILIPPINES,
Plaintiff-Appellee,
- versus -
ERLAND SABADLAB y
BAYQUEL,
Accused-Appellant.
G.R. No. 175924
Present:
CORONA, C.J., Chairperson,
LEONARDO-DE CASTRO,
BERSAMIN,
VILLARAMA, JR., and
*
PERLAS-BERNABE, JJ.
Promulgated:
March 14, 2012
x-----------------------------------------------------------------------------------------x
D E C I S I O N
BERSAMIN, J.:
On October 28, 2003, the Regional Trial Court (RTC), Branch 140, in Makati City pronounced Erland
Sabadlab y Bayquel guilty of forcible abduction with rapecommitted against AAA,
[1]
a 16-year old domestic helper, and
penalized him with reclusion perpetua.
[2]
On April 26, 2006, the Court of Appeals (CA) affirmed theconviction and the
penalty, but modified the civil damages.
[3]
Hence, Sabadlab appeals.
Antecedents
Both the RTC and the CA agreed on the factual antecedents.
AAA was then walking at around noon of March 12, 2002 on Dapitan Street in Makati City, proceeding towards
MA Montessori to fetch her employer’s son who was studying there. Suddenly, a man (later identified as Sabadlab)
grabbed her by the shoulder and ordered her to go with him. She recognized him to be the man who had persistently
greeted her every time she had bought pandesal at 5 o’clock am near her employer’s house in the past two weeks.
Alarmed, she refused to do his bidding, but Sabadlab poked a gun at her throat. Two other men whom she did not
recognize joined Sabadlab at that point. They forced her into the backseat of a parked car, and one of Sabadlab’s cohorts
blindfolded her with a handkerchief. The car moved forward, and stopped after twenty minutes of travel. Still blindfolded,
she was brought out of the car. Sabadlab said that he would remove her clothes. Sabadlab then undressed her, leaving only
the blindfold on her. One of them tied her hands behind her back. Sabadlab began kissing her body from the neck
downwards. Although blindfolded, she knew that it was Sabadlab because his cohorts were calling out his name as he was

Sign up to view the full document!

lock_open Sign Up
Showing Page:
2/7
kissing her body. Then they made her lie flat on the ground with her hands still tied behind her back. Sabadlab raped her
in that position. The others took their turns in raping her after Sabadlab. To prevent her from shouting for help,
Sabadlab stuffed her mouth with crumpled newspapers. The three ravished her again and again, that she could not
remember the number of times they did so.
At around 3:00 o’clock pm, Sabadlab and his cohorts returned a blindfolded AAA by car back to Dapitan Street,
but let her go only after sternly warning that they would surely kill her if she told anyone about the rapes. Once they left,
she proceeded to MA Montessori to fetch her ward. She waited there until 5:30 pm.
Upon her arrival at the house, AAA’s employer noticed the kiss marks on her neck. AAA at first lied about the
kiss marks, but she ultimately disclosed the rapes because her irritated employer slapped and boxed her on the stomach to
force her to disclose.
On March 13, 2002, her employer brought AAA to the Makati Police Station to report the rapes. AAA underwent
medico-legal examination later that day at thePNP Crime Laboratory in Camp Crame Quezon City. The results of the
medico-legal examination were embodied in Medico-Legal Report No. M-797-02 issued by medico-legal officer Dr.
Mary Ann P. Gajardo, viz:
PHYSICAL INJURIES:
1. Ecchymosis, right mandibular region, measuring 2.5 x 2.5 cm, 8 cms from the anterior midline.
2. Ecchymosis, neck, measuring 3 x 2.5 cms, 6 cms right of the anterior midline.
3. Ecchymosis, neck, measuring 3 x 2.5 cms, 4.5 cms left of the anterior midline.
4. Ecchymosis, nape, measuring 3.5 x 2.5 cms, 4 cms right of the posterior midline.
5. Ecchymosis, nape, measuring 4.5 x 3 cms, 4 cms left of the posterior midline.
6. Ecchymosis, right breast, measuring 4 x 3.5 cms. 10 cms from the anterior midline.
7. Ecchymosis, sternal region, measuring 9 x 3 cms, bissecting the anterior midline.
8. Ecchymosis, left breast, measuring 3.5 x 2.5 cms, 9 cms from the anterior midline.
9. Ecchymosis, left breast, measuring 3.5 x 3 cms, 11 cms from the anterior midline.
10. Abrasion, left scapular region, measuring 3.5 x 0.5 cms. 14 cms from the posterior midline
GENITAL:
PUBIC HAIR: Moderate
LABIA MAJORA: Full, convex and slightly gaping.
LABIA MINORA: Pinkish brown slightly hypertrophied labia minora in between.
HYMEN: Presence of shallow fresh lacerations at 7 o’clock position and deep fresh lacerations at 6 and 9
o’clock position. Congested.

Sign up to view the full document!

lock_open Sign Up
Showing Page:
3/7

Sign up to view the full document!

lock_open Sign Up
End of Preview - Want to read all 7 pages?
Access Now
Unformatted Attachment Preview
Republic of the Philippines Supreme Court Manila   FIRST DIVISION   PEOPLE OF THE PHILIPPINES,                                                  Plaintiff-Appellee,                     - versus -         ERLAND SABADLAB  y BAYQUEL,       Accused-Appellant.            G.R. No. 175924              Present:           CORONA, C.J., Chairperson,         LEONARDO-DE CASTRO,         BERSAMIN,         VILLARAMA, JR., and          *PERLAS-BERNABE, JJ.                          Promulgated:               March 14, 2012     x-----------------------------------------------------------------------------------------x D E C I S I O N   BERSAMIN, J.:   On October 28, 2003, the Regional Trial Court (RTC), Branch 140, in Makati City pronounced Erland Sabadlab y Bayquel guilty of forcible abduction with rapecommitted against AAA,[1] a 16-year old domestic helper, and penalized him with reclusion perpetua.[2] On April 26, 2006, the Court of Appeals (CA) affirmed theconviction and the penalty, but modified  the civil damages.[3] Hence, Sabadlab appeals.     Antecedents   Both the RTC and the CA agreed on the factual antecedents.   AAA was then walking at around noon of March 12, 2002 on Dapitan Street in Makati City, proceeding towards MA Montessori to fetch her employer’s son who ...
Purchase document to see full attachment
User generated content is uploaded by users for the purposes of learning and should be used following Studypool's honor code & terms of service.

Anonymous
I was stuck on this subject and a friend recommended Studypool. I'm so glad I checked it out!

Studypool
4.7
Trustpilot
4.5
Sitejabber
4.4

Similar Documents