Title
People vs. Ferrer
Case
G.R. No. L-60073
Decision Date
Sep 23, 1983
Appellants forcibly entered a home, robbed the family, and raped a 14-year-old at gunpoint. Convicted of robbery with multiple rape, death penalty commuted to reclusion perpetua.
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Case Digest (G.R. No. L-60073)

Facts:

Incident Details:
On August 15, 1979, around midnight, appellants Nenito C. Ferrer, Rodolfo Zulueta, Nelson Maico, and Agapito Maico forcibly entered the house of Teresa Estrella in Guiguinto, Bulacan. They bent an iron grill on a front jalousie window, entered the house armed with a .38 revolver and a long knife, and tied up the household members.

Robbery:
The appellants demanded money and jewelry from Teresa Estrella under threat of harm to her family. She surrendered jewelry worth over P100,000 and cash amounting to P17,000.

Rape:
Appellant Rodolfo Zulueta took Lena Estrella, Teresa’s 14-year-old daughter, to her room and sexually assaulted her at gunpoint. Appellants Nenito Ferrer and Nelson Maico also raped Lena successively.

Escape:
At around 4:00 AM, the appellants used Teresa’s car to escape, dropping off at different locations in Manila.

Medical Evidence:
Dr. Ruperta Caluag examined Lena and found fresh lacerations in her hymen, corroborating the rape.

Issue:

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Ruling:

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Ratio:

  1. Guilt of the Accused: The appellants pleaded guilty to the charges, and the testimonies of the victims, particularly Lena Estrella, were credible and corroborated by medical evidence.
  2. Aggravating Circumstances: The crime was committed with several aggravating circumstances, including nighttime, band, superior strength, unlawful entry, and use of a vehicle.
  3. Penalty: The imposable penalty for robbery with rape is reclusion perpetua to death. Due to the presence of multiple aggravating circumstances, the Supreme Court initially considered the death penalty but ultimately imposed reclusion perpetua.


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