Case Digest: People vs Cabiguez y Alastra

By ResIpsaLoquitor -
People vs Cabiguez

GR No. 185708                                                               September 29, 2010

Facts:
Cabiguez and Grondiano was charged for robbery for allegedly ransacking AAA’s sari-sari’s store and taking cash and grocery items. Cabiguez was also charged for raping AAA in the presence of her children BBB, CCC and DDD. AAA did not file a complaint for fear that the accused will kill her and her children. Thereafter, Cabiguez and Grondiano were separately arrested for illegal possession of drugs. Then, AAA had the courage to file the case for both accused is now incarcerated. During the trial a DNA testing was conducted from the vaginal swabs for AAA, but it failed to match Cabiguez’s DNA profile since the sample merely contained vaginal discharge.

Issue:
Whether or not a negative result of a DNA test would exculpate an accused for the crime of rape.

Ruling:
In this case the court ruled “No”, since the sample tested merely contained vaginal discharge which is inconclusive to exculpate or inculpate the accused. Rape is clearly shown by testimonial and documentary evidence and is committed by a person who shall have carnal knowledge with a woman through force, threat or intimidation. Hence, Cabiguez cannot seek acquittal on the basis of a negative DNA result. A positive match is unnecessary when the totality of evidence presented clearly shows the identity of the perpetrator.

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