Case Digest (G.R. No. 123980)
Facts:
People of the Philippines v. Manuel Calimlim y Muyano, G.R. No. 123980, August 30, 2001, Supreme Court En Banc, Quisumbing, J., writing for the Court. The prosecution (plaintiff-appellee) charged accused-appellant Manuel Calimlim y Muyano with four counts of rape in Criminal Case Nos. U‑8525, U‑8638, U‑8639 and U‑8640, each information alleging that on or about April 2, 1995, in Manaoag, Pangasinan, the accused, by means of force and intimidation, had carnal knowledge of the undersigned complainant, a minor, against her will.
At trial the principal prosecution witness was Lanie S. Limin, age 14, who testified that on the night of April 2, 1995, appellant entered her room, threatened her with a knife and dragged her to several places (pig pen, her room, a cousin’s room, and the kitchen) where he forcibly had sexual intercourse with her on four separate occasions and threatened to kill her if she reported it. She identified appellant when she removed the cloth covering his face. Her cousin Manicris Ferrer and Dr. Nancy Quinto were told the next morning; the matter was reported to the police and Lanie was medically examined.
Medical testimony by Dr. Ricardo Ferrer disclosed fresh lacerations of the hymen at several positions and a vaginal smear positive for spermatozoa, consistent with recent penetration though the doctor acknowledged alternative causes for lacerations and that spermatozoa identity could not be ascertained.
Appellant denied the charges, asserting alibi and denial: he alleged he was at home that night, supported by testimony from his wife Erlinda and daughter Marlene, who testified they were with him and that he slept (and perhaps had sexual intercourse with his wife) during the relevant hours. Appellant also contended he was a scapegoat of the Ferrer family and complained of constitutional violations at arrest and investigation (warrantless arrest, denial of counsel, and inability to file counter‑affidavits).
The Regional Trial Court, First Judicial Region, Branch 46, Urdaneta, Pangasinan, found appellant GUILTY beyond reasonable doubt of all four counts and sentenced him to death for each count with P50,000 civil damages per count (decision dated November 17, 1995). Because the penalty was death, the case was subject to automatic review by the Supreme Court. On automatic review th...(Subscriber-Only)
Issues:
- Did appellant waive his right to question the legality of his arrest and related procedural infirmities by entering a plea of not guilty?
- Did the prosecution prove beyond reasonable doubt that appellant committed the four counts of rape and was correctly identified as the assailant?
- Was the imposition of the death penalty proper where the informations did not allege the qualifying circumstance of use of a deadly weapon?
- Were the damages and penalties imposed by the trial c...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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