Case Digest (G.R. No. 147149)
Facts:
People of the Philippines v. Eleuterio Bragat, G.R. No. 222180, November 22, 2017, Supreme Court Second Division, Carpio, J., writing for the Court.
The respondent-appellee is the People of the Philippines; the appellant is Eleuterio Bragat, accused in Criminal Case No. TCS-5344 of the special complex crime of robbery with rape under Article 294 of the Revised Penal Code, as amended by Section 9 of Republic Act No. 7659. Co-accused were Jundie Balvez and two John Does, who remained at large.
On 9 February 2005, spouses AAA (wife) and BBB (husband) were at home with their infant when four armed, masked men entered after one caller identified himself as “Jundie.” The assailants hogtied the spouses, threatened them with firearms, beat BBB, ransacked the house and took P600 and a pair of gold earrings worth P3,000. According to AAA’s testimony, appellant brought her to the kitchen, threatened to kill the family when she resisted, removed her shorts and underwear, kissed her, and had sexual intercourse with her; appellant also ordered one companion to watch the infant. The victims reported the incident to the barangay captain the next morning and AAA underwent a medical examination at the Vicente Sotto Memorial Medical Center; the physician testified the sperm-identification test was negative and offered possible explanations.
Appellant pleaded not guilty at arraignment on 26 January 2006. He testified to an alibi: that on the night in question he was at his employer Celestino Jojo Andales, Jr.’s house in Tuburan, Cebu, sleeping with two other trisikad drivers whom he failed to call as witnesses. Appellant further alleged he was arrested on 10 February 2005 by two policemen not in uniform and without a warrant. Co-accused Balvez escaped custody in March 2005 and remained at large.
The Regional Trial Court (RTC), Branch 29, Toledo City, in a Decision dated 19 January 2012, found appellant guilty beyond reasonable doubt of robbery with rape and sentenced him to reclusion perpetua, ordering civil indemnity (P75,000), moral damages (P75,000), exemplary damages (P30,000), return/payment for the money and earrings, and interest at 6% from finality. The Court of Appeals (CA), in a Decision dated 12 August 2015 (CA‑G.R. CEB ...(Subscriber-Only)
Issues:
- Is appellant Eleuterio Bragat guilty beyond reasonable doubt of the special complex crime of robbery with rape...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
- (Subscriber-Only)