Case Digest (G.R. No. 90185)
Facts:
People of the Philippines v. Ernesto Abarri y Batting, Clemente Cawaling y Cirinio, Conrado Estrada y Cawaling, Joselito Pajalago y Gonzales & Ronnie Andales y Romirosa, G.R. No. 90185, March 01, 1995, the Supreme Court First Division, Quiason, J., writing for the Court.The information charged the five accused with conspiring to rob and rape Gregoria Gan y Lim on October 14, 1988 in Kalookan City; they were arraigned in Regional Trial Court (Branch 124, Kalookan City), Criminal Case No. C-31521, and pleaded not guilty. The trial court, in a decision dated May 22, 1989, convicted all five as co-principals of the special complex offense of robbery with rape (Art. 294, Revised Penal Code, paragraph 2) and sentenced each to reclusion perpetua, ordered indemnities and return/payment for the stolen property, and credited them with preventive imprisonment under Article 29.
The prosecution’s case was that at about 7:30 P.M. Gan was accosted by Abarri and Andales who threatened her with knives, forcibly brought her into a fenced vacant lot where Cawaling, Estrada and Pajalago soon joined them; Gan’s blouse and pants were torn, she was hogtied and fondled, her watch (P2,000), gold necklace (P5,000) and P250 in cash were taken, and after the others left Andales raped her twice. Neighbors rescued Gan after she called for help; Barangay Captain Anita Alejo apprehended Abarri and Estrada near Gan’s store and turned them over to the police. NBI medico-legal findings noted external injuries consistent with the time of the assault, old healed hymenal lacerations, and an opening large enough to accommodate an adult penis without new injury.
The defense relied on denial and alibi: the accused claimed they were elsewhere that night and some alleged coercion by authorities to admit involvement. The trial court rejected these defenses and convicted all five. The cas...(Subscriber-Only)
Issues:
- Did the accused successfully establish an alibi sufficient to negate their presence at the scene and time of the crime?
- Was there sufficient proof to convict all five accused as co-principals in the special complex crime of robbery with rape?
- Did the acts of the accused other than Ronnie Andales amount to rape or only to acts of lasciviousness (abusos dishonestos)?
- Did Clemente Cawaling’s remark to Andales before leaving render Cawaling liable ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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