Case Digest (G.R. No. 136137)
Facts:
People of the Philippines v. Calixto "Alex" Biong (At Large), Antonio Diola, Enrique "Dodoy" Morales (At Large), Orlando "Kolot" Leyson (At Large), John Doe (At Large), Richard Doe (At Large) and Peter Doe (At Large), Accused, G.R. No. 136137, December 11, 2001, Supreme Court Third Division, Vitug, J., writing for the Court.On 1 June 1996, fourteen-year-old Carol Epis went to barangay Sindangan, Macrohon, Southern Leyte, with two older girls, Rowena Leyson and Gemma “Jekjek” Morales, to retrieve a pair of pants and to attend a later benefit dance. Carol remained at a store while the others danced. After failing to find her companions late that night and lacking fare to go home, she sought shelter at nearby houses and returned to the store; about 3:00 a.m. on 2 June she and Dominga “Minggay” Cortina walked back toward the store and encountered seven men near the school, where Minggay fled and left Carol alone.
The seven men surrounded Carol, subdued her, and dragged her behind the school building. According to Carol’s knife-point identification and testimony, Calixto “Alex” Biong held her hands, Orlando “Kolot” Leyson pulled down her clothing, Enrique “Dodoy” Morales held her neck and feet, and Antonio Diola pointed a hunting knife at her chest and threatened to kill her if she shouted. Carol testified that six men took turns raping her while Diola guarded her with the knife; blood stained her pants. She did not report the incident immediately; four days later she told relatives and underwent police referral and a medical examination five days after the assault, which showed old healed vaginal lacerations but no recent spermatozoa.
Preliminary investigation identified four suspects and left three unidentified; only Antonio Diola was arrested. On 4 March 1997 an Information was filed charging Diola, Biong, Morales, Leyson and three John/Richard/Peter Does with rape, alleging conspiracy and multiple rapes. At trial Diola asserted an alibi and presented witnesses (Rowena Leyson, Dominga Cortina, Inday Lim, Aniceto Biong, Antonio Maturan) who testified to Carol’s presence in the locality and to Diola’s being at home after the dance, but none conclusively negated his presence at the scene during the assault.
The Regional Trial Court of Maasin, Southern Leyte (Criminal Case No. 1997) convicted Diola beyond reasonable doubt of six counts of rape, sentenced ...(Pro-only)
Issues:
- Did the trial court err in convicting appellant Antonio Diola chiefly on the testimony of the victim despite defense witnesses claiming to establish an alibi?
- Was conspiracy adequately proved so that Diola, who did not personally consummate penetration, could be held criminally liable for each count of rape committed by his co-conspirators?
- Do medical findings—absence of recent lacerations and negative spermatozoa—bar conviction or otherw...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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