Case Digest (G.R. No. 123138-39)
Facts:
People of the Philippines v. Honesto Llandelar y Maganti, G.R. Nos. 123138-39, November 08, 2001, the Supreme Court En Banc, Quisumbing, J., writing for the Court.The accused-appellant is Honesto Llandelar y Maganti; the private complainant and offended party is his daughter, Marjorie M. Llandelar. Marjorie filed two informations (Crim. Cases Nos. L-1728 and L-1729) dated March 9, 1995, charging Honesto with two counts of rape under Article 335 of the Revised Penal Code as amended by Section 11 of R.A. 7659—one incident alleged around January 14, 1995 (L-1728) and another sometime between April 1994 and January 1995 (L-1729). The informations alleged use of force, threat and intimidation and that the victim was sixteen years old.
After a preliminary investigation, the MCTC of Ragay found probable cause and ordered appellant’s arrest; no bail was recommended. Appellant pleaded not guilty at arraignment. Trial was held before the Regional Trial Court (RTC) of Libmanan, Camarines Sur, Branch 56 (Judge Lore Valencia Bagalacsa). During trial appellant offered to plead guilty to one count or to lesser offenses, but the complainant opposed any compromise.
At trial, Marjorie testified in detail to repeated sexual assaults by her father, describing force, threats to kill her and her family, physical injuries, and subsequent pregnancy; her testimony was accompanied by visible emotion. Medical examination by Dr. Marilyn Cerilo-Folloso revealed a healed hymenal laceration at 6:00 o’clock, a closed cervix, and uterine enlargement consistent with a two-to-three-month pregnancy and slight bleeding indicating a threatened abortion. Family witnesses (mother Rosalina and brother Gilberto) corroborated seeing father and daughter sleeping together and observed that Marjorie was beaten when she resisted. Appellant testified, denying the offenses and presenting an alibi that he was working in Batangas between April and December 1994 and that he and his wife stayed at his uncle Federico’s house in Ragay for treatment; Federico likewise testified for the defense.
The RTC found the prosecution witnesses credible, rejected appellant’s alibi and den...(Subscriber-Only)
Issues:
- Was there sufficient evidence to convict Honesto Llandelar beyond reasonable doubt of two counts of rape?
- Was the death penalty properly imposed in each count given the alleged minority of ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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