Republic of the Philippines

REGIONAL TRIAL COURT

7th Judicial Region
Branch 2
City of Tagbilaran, Bohol

PEOPLE OF THE PHILIPPINES

Plaintiff,
-versusDONALD CABIDO y LARA
Accused.
x-----------------------------------/

Criminal Case No: 1002

For: RAPE [Article 266-A, paragraph 1 (b)
of the Revised
Penal Code, as
amended]

INFORMATION
The undersigned City Prosecutor accuses DONALD CABIDO Y LARA, a resident
of Barangay Poblacion, Baclayon, Bohol, Philippines, of the crime of RAPE, defined
and penalized under Article 266-A, par. 1 (b) of the Revised Penal Code, as
amended, committed as follows:
That on or about the 26th day of October 2016, around 10:00 in the evening,
at Tamblot St., Tagbilaran City, Bohol, Philippines and within the jurisdiction of this
Honorable Court, the above-named accused, DONALD CABIDO Y LARA, a co-worker
of the victim, did then and there, willfully, unlawfully and feloniously have carnal
knowledge with the person of CHRISTINE TORRALBA Y MAGDALENA, an unmarried
woman, twenty-three (23) years old and a visually- impaired or blind person, against
her will and consent, by committing the crime of rape directly by overt acts, to wit:
While private complainant was deprived of reason or is otherwise
unconscious as she was deeply asleep due to exhaustion from work as a
masseuse and having taken a medication which increases the tendency of
her drowsiness, before resting and/or retiring in the waiting room exclusively
for female employees at Bohol Royale Blind Massage Clinic (BRBMC), the said
accused lowered her scrub suit pants and panty to her knees and opened all
the buttons in front of her upper suit and thereafter placed himself on top of
the private complainant in a kneeling position and then slowly inserted his
erectile penis into the private complainants vagina in a push-and-pull
manner, more or less twice times, while at the same moment mashing both
of her breasts with the said accuseds both hands and as a result of which,
the herein private complainant was awakened; that although the herein
private complainant did not actually feel that the erectile penis of the
accused was fully inserted into her vagina because the latter immediately
walked away, not because of his spontaneous desistance, but because of the
timely arrival of the private complainants sister, the private complainant,
nonetheless, felt pain or soreness in her vagina during and after the erectile
penis of the accused touches and slid into her female organ, to the great
damage and prejudice of the said private complainant, Christine Torralba y
Magdalena.
That as a result of the said rape, the private complainant suffered actual and
moral damages in the amount as may be awarded by this Honorable Trial Court
under the provisions of the New Civil Code.
CONTRARY TO LAW.
Tagbilaran City, Bohol, Philippines, December 12, 2016.

ATTY. FILORYN D. TALO,

CPA
Assistant

Provincial

Prosecutor

I hereby certify that a preliminary investigation have been conducted in this

case, the witnesses having been examined under oath; that on the basis of the
sworn statement and other evidence submitted before me, there is reasonable
ground to believe that the offense charged was committed and that the accused
was informed of the complaint and of the evidence submitted against him and that
he was given an opportunity to submit controverting evidence.
Tagbilaran City, Bohol, Philippines, December 12, 2016.

ATTY. FILORYN D. TALO, CPA

Assistant Provincial Prosecutor

Subscribed and sworn to before to before me this 12 th day of December 2016,

in the City of Tagbilaran, Bohol, Philippines.
ATTY. LAINE A. DAWAY, CPA
Assistant Provincial Prosecutor
Roll No: 103338
MCLE Compliance No: 0087453
WITNESSES:
Christine Torralba y Magdalena- Brgy. Poblacion, Dauis, Bohol, Philippines
Clarisse Torralba y Magdalena
-doRodrigo K. Santos- Brgy. Nangka, Bool District, Tagbilaran City, Bohol, Philippines
SPO2 Julia B. Montes and PO2 Kathryn M. Bernardo - Tagbilaran City Police Station,
WPDC, Torralba
St., Tagbilaran City,
Bohol Philippines
BAIL RECOMMENDED: FIFTY THOUSAND PESOS (P50,000.00)
Addressed of Accused: Brgy. Poblacion, Baclayon, Bohol, Philippines.

APPROVED BY:

ATTY. MARIA NICKY H. BULUSON

Provincial Prosecutor

CERTIFICATE OF PRELIMINARY INVESTIGATION

I hereby certify that a preliminary investigation in this case was successfully

conducted by me in accordance with law; that I examined the Complainant and her
witnesses; that there is reasonable ground to believe that the offence charged had
been committed and that the accused probably is guilty thereof; that the accuses
was informed of the Complaint and the evidences submitted against him was given
the opportunity to submit controverting evidence; and that the filing of this
information is with the prior authority and approval of the Provincial Prosecutor.
Tagbilaran City, Bohol, Philippines, December 12, 2016.
WITNESSES:
Christine Torralba y Magdalena- Brgy. Poblacion, Dauis, Bohol, Philippines
Guada Torralba y Magdalena
-doRodrigo K. Santos- Brgy. Nangka, Bool District, Tagbilaran City, Bohol, Philippines
SPO2 Julia B. Montes and PO2 Kathryn M. Bernardo - Tagbilaran City Police Station
No. 1, WPDC, Torralba St., Tagbilaran
City, Bohol.
BAIL RECOMMENDED: FIFTY THOUSAND PESOS (P50,000.00)
Addressed of Accused: Brgy. Poblacion, Baclayon, Bohol, Philippines.

ATTY. FILORYN D. TALO, CPA

ASSISTANT PROVINCIAL PROSECUTOR
Roll No. 70777
MCLE Compliance No. IV-000555