Case Digest (G.R. No. 214886)
Facts:
This is People of the Philippines v. Bernie Concepcion, G.R. No. 214886, April 04, 2018, Supreme Court Third Division, Leonen, J., writing for the Court. The appeal arose from the Court of Appeals’ March 28, 2014 Decision affirming with modification the Regional Trial Court, Branch 34, La Union’s November 29, 2011 Decision.The People of the Philippines (plaintiff-appellee) filed three informations against accused Bernie Concepcion (accused-appellant): Criminal Case No. 2899 for serious illegal detention (forcible abduction) and Criminal Case Nos. 2900 and 2901 for two counts of rape. The informations alleged that on February 17, 2001, Concepcion intercepted a woman identified in the records as AAA — who lived rent-free in his house — held a knife to her, dragged her to his room, locked and barricaded the door, removed her clothing, inserted his hand in her vagina and thereafter had sexual intercourse with her on more than one occasion while she resisted.
At trial the prosecution presented AAA’s testimony, which recounted two separate incidents of sexual assault occurring that day, and the testimony of Dr. Maribeth Baladad, who examined AAA on February 18, 2001 and found abrasions and a laceration on the fourchette; an Exfoliative Cytology Report showed spermatozoa and moderate inflammation. Police witnesses testified about forcibly entering Concepcion’s room after Concepcion had allegedly wired the door; Concepcion was arrested. Concepcion did not present evidence at trial.
The Regional Trial Court convicted Concepcion of the complex crime of forcible abduction with rape, sentenced him to reclusion perpetua, and ordered moral damages of P50,000.00, dismissing one rape charge for failure of proof. Concepcion appealed to the Court of Appeals. The Court of Appeals found the elements of rape proven beyond reasonable doubt, held that forcible abduction was absorbed by the rape (since the abduction was to facilitate the rape), convicted him of rape (Article 266-A, as amended by Republic Act No. 8353), imposed reclusion perpetua, and increased damages to P50,000.00 (moral), P50,000.00 (civil indemnity), and P30,000.00 (exemplary), with 6% interest.
Concepcion elevated the case to the Supreme Court (appeal filed under Rule 124, Sec. 13(c)); the Court required supplemental briefs and received manifestations in lieu thereof. The Supreme Court denied reversible error, but mo...(Pro-only)
Issues:
- Did accused-appellant show reversible error warranting reversal of the Court of Appeals’ factual findings and convictions?
- Was the evidence sufficient to convict accused-appellant of two (2) separate counts of rape under Article 266-A of the Revised Penal Code, as amended by RA 8353?
- Whether the forcible abduction/serious illegal detention was absorbed by rape, or whether a distinct detention offense remained to be punished (and if so, its proper classification and penalty)? ...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)