Case Digest (G.R. No. L-60073)
Facts:
The case involves the People of the Philippines as the plaintiff-appellee against defendants-appellants Nenito C. Ferrer alias Chito, Rodolfo Zulueta alias Boy Negro, and Nelson Maico y Hidalgo alias Dennis. The events transpired around midnight on August 15, 1979, in Guiguinto, Bulacan. The appellants, along with an accomplice named Agapito Maico, forcibly entered the residence of Teresa Estrella by bending the iron grills of the front jalousie windows. Armed with a .38 revolver and a long knife, they threatened the family members, including Teresa's son Narciso, compelling him to knock on the master bedroom door where Teresa and her husband Bernardo Alejo were sleeping.
Once inside, the family was restrained with cloth and electric cords. The assailants demanded money and jewelry from Teresa, threatening to harm her family if she did not comply. In fear, Teresa surrendered jewelry worth over P100,000 and cash amounting to P17,000. Subsequently, Rodolfo Zulueta took T...
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:
- Whether the appellants committed the crime of robbery with multiple rape.
- Whether the trial court erred in imposing the death penalty.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)