Case Digest (G.R. No. 135042)
Facts:
In People v. Amado Daniel alias “Amado Ato” (G.R. L-40330, 176 Phil. 153, Nov. 20, 1978), the 14-year-old complainant Margarita Paleng filed a complaint in the Court of First Instance (CFI) of Baguio City accusing Amado Daniel of rape on or about September 20, 1965, in her boarding-house room at No. 25 Interior, Pinsao, Guisad, Baguio City. She alleged that Daniel, armed with an eight-inch dagger, forced her against her will by means of violence and intimidation. After trial presided over by Judge Feliciano Belmonte, the CFI rendered judgment on May 30, 1966, finding Daniel guilty and sentencing him to twelve years and one day of reclusion temporal (to six years and one day of prisión mayor). The motion for reconsideration was denied. On appeal, the Tenth Division of the Court of Appeals (Justices Fernandez, Puno, and Domondon) on September 23, 1974, affirmed the finding of guilt but held that under Republic Act No. 4111 (amending Article 335, Revised Penal Code) the proper penaCase Digest (G.R. No. 135042)
Facts:
- Parties and Complaint
- Complainant: Margarita Paleng, then 12 years and 10 months old (born November 20, 1952), boarding at No. 25 Interior, Pinsao, Guisad, Baguio City, while a first-year high school student.
- Accused: Amado Daniel alias “Amado Ato,” aged about 22, native of Mountain Province.
- Circumstances, Evidence and Proceedings
- On or about September 20, 1965, the accused, armed with an eight-inch dagger, pursued the complainant from a bus to a jeepney, forcibly entered her room, threatened “If you will talk, I will kill you,” held her by hair and neck, gagged her with a handkerchief, and succeeded in having carnal knowledge against her will.
- Medical Examination (September 23, 1965): circular-stellate hymen with healing lacerations at 6:00, 8:00, 9:00 and 11:00; contusions at 3:00 and 9:00; tight vaginal orifice hardly admitting two fingers; recent defloration.
- Trial Court (CFI, Baguio City): Found accused guilty of rape, sentencing him to reclusion temporal (12 years and 1 day) to prision mayor (6 years and 1 day), plus costs (Decision May 30, 1966). Motion for reconsideration denied.
- Court of Appeals (Tenth Division, September 23, 1974): Upheld guilt beyond reasonable doubt but held sentence not in accordance with law (RA 4111 elevating rape to reclusion perpetua), and certified the case to the Supreme Court without imposing the penalty.
Issues:
- Jurisdictional Question
- Whether the Supreme Court acquires jurisdiction over a criminal appeal certified by the Court of Appeals without the latter having imposed the penalty of death or life imprisonment.
- Substantive Question
- Whether the elements of rape (force or intimidation, carnal knowledge) under Article 335, RPC as amended by RA 4111, were proven beyond reasonable doubt.
- Whether aggravating circumstances (use of deadly weapon; committed in the dwelling of the offended party) were properly established.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)