Case Digest (G.R. No. 124303-05)
Facts:
People of the Philippines v. Alejandro Atop @ Ali, G.R. Nos. 124303-05, February 10, 1998, the Supreme Court En Banc, Panganiban, J., writing for the Court. The case is a combined appeal from, and an automatic review of, the Joint Decision of the Regional Trial Court, Branch 12, Ormoc City.On April 21, 1995 the Provincial Prosecutor filed four informations against accused-appellant Alejandro Atop, charging three consummated rapes (occurring October 9, 1992; sometime in 1993; and December 26, 1994) and one attempted rape (December 31, 1994) of his granddaughter-like ward, Regina Guafin, then a minor. The rape informations alleged force, intimidation, use of a knife and that the accused was the common-law partner of the victim’s grandmother.
At the R.T.C., appellant pleaded not guilty; the cases were tried jointly. The trial court found appellant guilty in Criminal Cases Nos. 4627-0 and 4628-0 (first two rapes) and in No. 4629-0 (third rape), and not guilty in No. 4630-0 (attempted rape). The trial court appreciated the aggravating circumstances of nighttime and relationship and imposed two (2) terms of reclusion perpetua for the first two counts and the penalty of death for the third count; it ordered indemnity to the victim in P30,000 for each count. The trial judge relied on the victim’s testimony, corroborative medical findings (healed hymenal laceration, vaginal canal admitting two fingers), and witnesses who reported injuries and the victim’s disclosure.
Appellant appealed and assigned as errors the appreciation of nighttime and relationship as aggravating circumstances and the insufficiency of the evidenc...(Subscriber-Only)
Issues:
- Was the trial court correct in appreciating the circumstances of nighttime and relationship as aggravating circumstances?
- Did the prosecution prove appellant’s guilt beyond reasonable doubt for the ra...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)