Case Digest (G.R. No. 139751-52)
Facts:
People of the Philippines v. Noel Darilay, G.R. Nos. 139751-52, January 26, 2004, Supreme Court Second Division, Callejo, Sr., J., writing for the Court.The victims were sisters Marilyn (born October 24, 1988) and Ailyn Arganda (born September 14, 1990), residents of Sitio Magrimpong, Tinambac, Camarines Sur. The appellant, Noel Darilay, a 15‑year‑old barriomate, was acquainted with the family. On the morning of April 19, 1997, after the girls bought tinapa and were walking home, Ailyn testified that the appellant suddenly emerged from a tree, struck her twice on the back with a piece of wood, and punched her; he also struck Marilyn twice on the back and then carried Ailyn to a grassy area and left her there. Ailyn regained consciousness, returned home and reported to her mother that Noel struck them; Marilyn was missing.
Police, alerted by the victims’ uncle and neighbors, found torn clothing and a slipper near the place where the girls were waylaid. The appellant accompanied police to a riverside area (Palinao River) where Marilyn’s naked body was found with blood on her nose, mouth and vagina. Dr. Salvador Betito, Jr. performed an autopsy; his findings included depressed fractures of the occipital bone, vaginal lacerations and bleeding, and the conclusion that Marilyn had had sexual intercourse and died from internal hemorrhage secondary to skull fractures. Medical exam of Ailyn showed contusions and abrasions.
The appellant was tried jointly on two informations in the Regional Trial Court, Camarines Sur, Branch 63: Criminal Case No. RTC97‑201 for rape with homicide (of Marilyn) and Criminal Case No. RTC97‑202 for attempted murder (of Ailyn). He pleaded not guilty, claiming he was only present and that two other men, Hercules Bon and Jose Delfino, committed the crimes. The trial court convicted him of rape with homicide and attempted murder, appreciated the privileged mitigating circumstance of minority, and imposed reclusion perpetua for rape with homicide and an indeterminate short term for attempted murder; it ordered civil indemnities recoverable from the appellant’s father under P.D. No. 603. The appellant appealed.
On appeal to the Court whose review is here recorded, the Supreme Court considered (inter alia) the credibility of Ailyn’s testimony, the sufficien...(Subscriber-Only)
Issues:
- Was the guilt of the appellant proven beyond reasonable doubt for rape with homicide (Marilyn) and attempted murder (Ailyn)?
- Should the privileged mitigating circumstance of minority under Article 68, paragraph 1, of the Revised Penal Code have been applied in Criminal Case No. RTC97‑201 (rape with homicide), and how does it affect the penalty?
- Were the trial court’s determinations on civil liability of the parents under P.D. No. 603 and the application of Arti...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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