Case Digest (G.R. No. 192180)
Facts:
The case involves Alfredo Delabajan (appellant) and Alias Kino Lascano (accused at large) who were charged with committing multiple counts of rape against a blind female victim, referred to as AAA. The crimes occurred in Sitio Maraga-as, Allen, Northern Samar, in the year 2000. The Regional Trial Court (RTC) Branch 23 convicted Delabajan of three counts of rape on November 26, 2001, sentencing him to reclusion perpetua for each count and ordering him to pay civil indemnity and moral damages. The RTC accepted the victim’s testimony that she recognized her assailants by their voices, that the accused took turns raping her while threatening to kill her, and rejected Delabajan’s alibi that he was gathering coconuts in a nearby sitio as unsubstantiated. The Court of Appeals (CA) on May 25, 2006 affirmed the conviction but modified the counts to six counts of qualified rape, emphasizing the conspiracy between Delabajan and Kino, corroborated by medical findings and victim testimony. TCase Digest (G.R. No. 192180)
Facts:
# Background of the Case
- The case involves Alfredo Delabajan (appellant) and alias Kino Lascano (at large), who were accused of raping AAA, a blind woman. The appellant appealed the decision of the Court of Appeals (CA), which affirmed with modification the Regional Trial Court (RTC) decision finding him guilty of three counts of rape.
# Incident Details
- AAA testified that on the night of the incident, the appellant and Kino entered her house, threatened to kill her, and took turns raping her. She recognized her assailants by their voices, as they were her neighbors and frequent visitors to her home.
- AAA’s testimony was corroborated by the medical findings of Dr. Ethel Simeon, who confirmed signs of sexual abuse.
# Defense of the Appellant
- The appellant claimed he was gathering coconuts in Sitio Pasakayon at the time of the crime, which is a 30-minute walk from the crime scene. He also alleged that AAA was instigated by Wawing Lascano to falsely accuse him.
# Lower Court Decisions
- The RTC found the appellant guilty of three counts of rape, sentencing him to reclusion perpetua for each count and ordering him to pay civil indemnity and moral damages.
- The CA modified the RTC decision, convicting the appellant of six counts of qualified rape, citing his active participation in the crime.
Issues:
- Whether the prosecution sufficiently proved the elements of rape under Article 266-A of the Revised Penal Code.
- Whether conspiracy existed between the appellant and Kino Lascano in committing the rapes.
- Whether the appellant’s defense of alibi and claim of instigation by Wawing Lascano are credible.
- Whether the appellant should be convicted of six counts of rape, as ruled by the CA, or fewer counts.
- Whether the penalties and civil indemnities imposed by the lower courts are proper.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
- AAA testified that on the night of the incident, the appellant and Kino entered her house, threatened to kill her, and took turns raping her. She recognized her assailants by their voices, as they were her neighbors and frequent visitors to her home.
- AAA’s testimony was corroborated by the medical findings of Dr. Ethel Simeon, who confirmed signs of sexual abuse.
# Defense of the Appellant
- The appellant claimed he was gathering coconuts in Sitio Pasakayon at the time of the crime, which is a 30-minute walk from the crime scene. He also alleged that AAA was instigated by Wawing Lascano to falsely accuse him.
# Lower Court Decisions
- The RTC found the appellant guilty of three counts of rape, sentencing him to reclusion perpetua for each count and ordering him to pay civil indemnity and moral damages.
- The CA modified the RTC decision, convicting the appellant of six counts of qualified rape, citing his active participation in the crime.
Issues:
- Whether the prosecution sufficiently proved the elements of rape under Article 266-A of the Revised Penal Code.
- Whether conspiracy existed between the appellant and Kino Lascano in committing the rapes.
- Whether the appellant’s defense of alibi and claim of instigation by Wawing Lascano are credible.
- Whether the appellant should be convicted of six counts of rape, as ruled by the CA, or fewer counts.
- Whether the penalties and civil indemnities imposed by the lower courts are proper.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
- The RTC found the appellant guilty of three counts of rape, sentencing him to reclusion perpetua for each count and ordering him to pay civil indemnity and moral damages.
- The CA modified the RTC decision, convicting the appellant of six counts of qualified rape, citing his active participation in the crime.
Issues:
- Whether the prosecution sufficiently proved the elements of rape under Article 266-A of the Revised Penal Code.
- Whether conspiracy existed between the appellant and Kino Lascano in committing the rapes.
- Whether the appellant’s defense of alibi and claim of instigation by Wawing Lascano are credible.
- Whether the appellant should be convicted of six counts of rape, as ruled by the CA, or fewer counts.
- Whether the penalties and civil indemnities imposed by the lower courts are proper.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)