Case Digest (G.R. No. L-38463)
Facts:
The People of the Philippines v. Benjamin Lacuna y Francisco and John Doe, G.R. No. L-38463, December 29, 1978, Supreme Court Second Division, Antonio, J., writing for the Court.The prosecution charged Benjamin Lacuna y Francisco (appellant) with forcible abduction with rape (Criminal Case No. 784) after Emily Beltran (complainant), a married but estranged woman and then a high-school student, reported that on the evening of March 13, 1970, Lacuna abducted her from the Jose Rizal College canteen by pointing a gun at her, forced her into a taxicab and took her to several houses in Sta. Ana where, over several days and nights, he repeatedly had sexual intercourse with her by force and threats. Emily testified to threats that if she created a scandal he would take and kill her children, to being physically grabbed and having her panties torn, and to multiple instances of intercourse during the period she was held.
Eyewitness and supporting testimony for the prosecution included: Lourdes Beltran (complainant’s sister-in-law), who recounted receiving Emily’s tearful phone call and being instructed to come alone, and who found Emily crying and escorted her home; Patrolman Gil Mortera, who took a statement from Joseph Pascual (an alleged companion-witness) and produced a xerox copy of that statement as Exhibit “D”; and Dr. Ernesto G. Brion of the NBI, who supervised medico-legal examinations and testified that the Living Case Report (Exhibit “A”) showed “no extra genital physical injury” and identified signatures on the reports.
Appellant denied forcible abduction or rape, admitting sexual relations with Emily but asserting they were consensual and describing a sequence of voluntary travel, drinking parties, and stays in various houses from March 13–17, 1970. He denied possessing a gun and offered several defense witnesses—an uncle, friends, and Lt. Sotero Eusebio—who testified that Emily acknowledged being appellant’s girlfriend, that she made no complaint while staying in the houses, and that appellant and Emily appeared affectionate and free to move about. Honesto Sablan testified that Emily asked him to withdraw money from her bank account and that during the stay she never complained.
The Court of First Instance of Rizal, Branch XXII, convicted appellant of forcible abduction with rape and sentenced him to life imprisonment with costs. Appellant appealed to the Supreme Cour...(Subscriber-Only)
Issues:
- Is Exhibit “D” (the xerox copy of Joseph Pascual’s statement) admissible and usable as corroborative evidence against the accused?
- Did the prosecution prove forcible abduction with rape beyond reasonable doubt where the complainant’s testimony was uncorroborated and there was no showing o...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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