Case Digest (G.R. No. 137123-34)
Facts:
The People of the Philippines, Plaintiff-Appellee, vs. Ian Contreras y Eroy, Accused-Appellant, G.R. Nos. 137123-34, August 23, 2000, Supreme Court En Banc, Mendoza, J., writing for the Court. These cases reached the Court on automatic review from the decision of the Regional Trial Court, Branch 171, Valenzuela City (Judge Adrian R. Osorio), which convicted accused-appellant of rape in four consolidated informations and sentenced him variously to reclusion perpetua and, for one count involving a six-year-old victim, to death.Twelve informations for rape were filed against Ian Contreras y Eroy, but the trial court, because of uncertainties as to dates and multiplicity of alleged incidents, found the prosecution established only one proven act per victim and convicted on four counts. The trial court sentenced Contreras to reclusion perpetua in three cases (victims aged seven and eight and one of uncertain age) and imposed the death penalty for the rape of Angelic Ocrenas, whom the trial court found to be “more than six but less than seven” years old. The other informations resulted in acquittal.
At trial the prosecution presented six witnesses: three child victims (Stephanie Jane, Paulene Jade, Jodalyn), Nelene Diaz (a relative and caretaker), Teresita Cabiten (mother of Jodalyn), and Juan Gubat. Nelene testified she discovered Angelic sitting on the accused’s lap with his fly open and his organ exposed; she later reported that Angelic said she had been “kinakantot” by Kuya Ian. The three children testified to incidents of molestation and demonstrated positions with dolls. Medico-legal examinations from the PNP Crime Laboratory showed healed lacerations in the hymens of the examined girls and concluded the subjects were “in non-virgin state physically,” but the physician who prepared the reports did not testify.
Accused-appellant escaped from jail on April 20, 1997 and remained at large. Because of the imposition of the death penalty, the trial court’s decision as to the death sentence was automatically elevated to the Supreme Court under Rule 122 §10. Although appeal from the reclusion perpetua sentences would normally be...(Pro-only)
Issues:
- Procedural: Whether the appeals from the trial court decisions imposing reclusion perpetua (Crim. Cases Nos. 5673‑V‑96, 5674‑V‑96, 5675‑V‑96) should be dismissed because accused-appellant escaped from custody.
- Substantive: Whether the evidence proved beyond reasonable doubt that accused-appellant had carnal knowledge of Angelic Ocrenas and, if so, whether the death penalty was properly imposed (victim being under seven years of age).
- Substantive alternative: If rape could not be established, whether accused-appellant could nevertheless be convicted of attempted rape, acts of lascivi...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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