G.R. No. 206972 - People vs. Magno

Accused-appellant Pamuel A. Magno was charged with the crime of kidnapping with rape.
The offense occurred on or about 20 February 2000 in Tacloban City, Leyte, Philippines.
The victim, referred to as AAA, was a 5‐month old baby girl, whose identity and that of her family members have been withheld for privacy pursuant to Republic Act No. 9262.

On the day of the incident, BBB (the victim’s mother) left AAA in the care of her eldest daughter, CCC, while she went to her mother’s house.
Upon her return, BBB discovered that AAA was missing.
A neighbor reported seeing an ice cream vendor carrying a baby around the time of the disappearance.
Concurrently, a cargo truck driver observed a man abusing a baby on a bench in Plaza Libertad, Tacloban City, noting that the baby’s private parts were bloodied.
The police were informed, and an officer (PO2 Raul De Lima) proceeded to the plaza where BBB positively identified the injured baby as AAA and brought her to the hospital.

Following a tip, the police moved to Barangay 37, Seawall Area, and apprehended accused-appellant Pamuel A. Magno.
The cargo truck driver testified positively identifying Magno as the perpetrator.

On 3 September 2002, the Regional Trial Court (RTC) rendered a decision in Criminal Case No. 2000-02-160, finding accused-appellant guilty beyond reasonable doubt of kidnapping with rape.
The RTC’s decision found that Magno unlawfully detained the minor by taking her without the consent of her parents and, on the occasion, committed rape.
The RTC sentenced Magno to suffer the maximum penalty of death, and ordered him to pay damages: P50,000.00 as civil indemnity, P50,000.00 as moral damages, along with the cost of the proceedings.

On appeal, the Court of Appeals affirmed the RTC decision with modifications.
The conviction was maintained, finding Magno guilty of the special complex crime of kidnapping with rape.
The initial penalty of death was modified to reclusion perpetua without eligibility for parole, pursuant to R.A. No. 9346.
The award for damages was modified: AAA was awarded P75,000.00 for civil indemnity ex delicto, P75,000.00 for moral damages, and P30,000.00 for exemplary damages.
All awarded damages were to accrue interest at a rate of 6% per annum from the date of finality of the judgment until fully paid.

Magno contended that the prosecution failed to prove his guilt beyond reasonable doubt.
He argued that there was insufficient proof of his intention to restrain the victim—a necessary element for kidnapping.
He denied that the eyewitness saw any act of penile insertion, claiming that the evidence did not establish carnal knowledge constituting rape.
Magno asserted that he only learned of the charges during the arraignment.

Whether the evidence presented by the prosecution established beyond reasonable doubt that accused-appellant Magno committed the crime of kidnapping with rape.
Whether the elements of kidnapping, as enumerated under Article 267 of the Revised Penal Code, were satisfied by the act of taking the minor without parental consent.
Whether the medical findings, which revealed physical injuries on the victim, adequately corroborated the charge of rape under the second paragraph of Article 266-A in relation to Article 266-B.
Whether the eyewitness identification, alongside other evidence, reasonably established the culpability of the accused-appellant.