Case Digest (G.R. No. 172896) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In G.R. No. 166441, decided on October 8, 2014 under the 1987 Constitution, the petitioner Norberto Cruz y Bartolome was charged in the Regional Trial Court (Branch 34, Balaoan, La Union) with two offenses arising from events on December 21, 1993 along the Bangar-Luna Road, Barangay Central West No. 2. In Criminal Case No. 2388 (attempted rape), the information alleged that at about 2:00 a.m. the 15-year-old victim AAA was sleeping inside a tent when the accused removed her panty and underwear, lay on top of her, embraced and touched her vagina and breasts “with intent of having carnal knowledge of her by means of force,” but was prevented from consummation by her resistance. In Criminal Case No. 2389 (acts of lasciviousness), it was alleged that around 3:00 a.m. he touched the private parts of another assistant, BBB, against her will. AAA and BBB later reported the incidents to a policeman and signed sworn statements on January 10, 1994. At trial, AAA testified; BBB did not tes Case Digest (G.R. No. 172896) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Indictment and Arraignment
- Criminal Case No. 2388 – Attempted Rape
- Date/Time: December 21, 1993 at ~2:00 AM, along Bangar–Luna Road, La Union
- Victim AAA, 15 years old, sleeping in a tent; accused allegedly removed her underwear, lay on top of her, embraced and touched her breasts and vagina with intent to have carnal knowledge by force.
- Criminal Case No. 2389 – Acts of Lasciviousness
- Date/Time: December 21, 1993 at ~3:00 AM, same location
- Victim BBB; accused allegedly touched her vagina against her will to satisfy his lascivious desire.
- Prosecution Version
- Context of Employment and Travel
- Petitioner Norberto Cruz y Bartolome and wife sold wares; they hired AAA and BBB to sell in Bangar, La Union, and traveled together.
- Incident Details
- Around 1:00 AM, AAA and BBB asleep in one tent; less than an hour later, AAA woke to find petitioner atop her, touching her breasts and genitalia, threatened her to silence, she resisted and he desisted.
- AAA saw petitioner later touching BBB; both victims reported the incidents to local police and executed sworn statements on January 10, 1994.
- Defense Version
- Denial of Acts
- Petitioner claimed the tents were in a public area near municipal hall during fiesta; commission of such acts without detection was impossible.
- Alleged Motive of Complainants
- He asserted AAA and BBB fabricated the charges to extort money.
- Judgment of the Regional Trial Court (April 6, 2000)
- Findings
- Convicted petitioner of attempted rape (Crim. Case No. 2388) and acts of lasciviousness (Crim. Case No. 2389) beyond reasonable doubt.
- Penalties and Damages
- Attempted rape: indeterminate imprisonment of 4 years 2 months prision correccional (min.) to 10 years prision mayor (max.), plus P20,000 moral damages to AAA.
- Acts of lasciviousness: 4 months arresto mayor (min.) to 4 years 2 months prision correccional (max.), plus P10,000 moral damages to BBB.
- Decision of the Court of Appeals (July 26, 2004)
- Attempted Rape
- Affirmed conviction; applied penalty two degrees lower than reclusion perpetua, awarded P20,000 moral damages.
- Acts of Lasciviousness
- Acquitted due to insufficiency of evidence: BBB did not testify, and no proof the acts were against her will.
Issues:
- Whether the Court of Appeals erred in giving credence to the testimony of AAA despite alleged inconsistencies and implausibilities.
- Whether the prosecution proved petitioner’s guilt beyond reasonable doubt for attempted rape and acts of lasciviousness.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)