Case Digest (G.R. No. 212814)
Facts:
People of the Philippines v. Ernie Carillo y Pabello, et al., G.R. No. 212814, July 12, 2017, Supreme Court Third Division, Tijam, J., writing for the Court. The prosecution charged five men — Ernie P. Carillo (alias "Nanny"), Ronald L. Espique (alias "Borlok"), Rafael Susada y Galura (alias "Raffy"), Randel Susada y Galura and Dante Fabillar y Lumagbas — with rape under an Amended Information alleging that on October 6, 2006 in Las Piñas City they, "conspiring and confederating," had carnal knowledge of the victim (referred to in the record as AAA) while she was unconscious (Art. 266-A(1)(b), RPC). Randel and Dante remained at large and were not arraigned; Carillo, Espique and Rafael pleaded not guilty and were tried.At trial, AAA testified she was abducted while waiting for transport, lost consciousness shortly after being seized, and later woke on a papag inside a nipa hut partially undressed with five men present. She identified Carillo and Espique as having penetrated her; she did not actually see Rafael, Randel or Dante during the incident and later learned the other names from Espique. She reported the assault to classmates and was referred for medical examination at Camp Crame.
The accused offered alibi and denial defenses. Espique claimed he was at home tending pigs and alleged that police tortured him into confessing; Carillo said he was at a store waiting for friends; Rafael likewise claimed to be at home and at his mother’s house. No convincing alibi evidence was adduced, and two suspects remained at large.
The Regional Trial Court (RTC), Judge Ismael T. Duldulao, in a July 8, 2011 Decision convicted Carillo, Espique and Rafael of two counts of rape and imposed reclusion perpetua for each count, with awards of indemnity and moral damages. On appeal, the Court of Appeals (CA) in CA-G.R. CR-HC No. 05088, July 8, 2013 (pened by Associate Justice Rosmari D. Carandang, concurred in by Associate Justices Ricardo R. Rosario and Leoncia R. Dimagiba), affirmed with modification: it held the information charged a single count, found Carillo and Espique guilty of one count of rape (reclusion perpetua) and acquitted Rafael for lack of proof as a co-conspirator, ordering his immediate release. The CA reduced damages accordingly.
Carillo and Esp...(Subscriber-Only)
Issues:
- Did the prosecution prove beyond reasonable doubt that accused-appellants Ernie Carillo and Ronald Espique committed rape (i.e., was the conviction sustainable despite alleged inconsistencies in the victim’s testimony and her post-incident conduct)?
- Should the damages awarded by the lower courts be modified or supplemented (including the grant of exemplary damages...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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