Case Digest (G.R. No. 125313-16)
Facts:
People of the Philippines charged accused-appellant Gregorio Pagupat with four counts of rape under Article 335 of the Revised Penal Code, arising from repeated sexual intercourse with his step-daughter, private complainant Girlie Oliveros, who was 14 years old. The informations alleged the acts occurred in May 1994, June 16, 1994, the last week of June 1994, and July 10, 1994, all at Sitio Li-ang, Barangay Napaliran, Balingasag, Misamis Oriental, and that the assaults were accomplished by force and intimidation with a knife.The trial court found Girlie’s testimony credible and convicted accused-appellant, imposing the death penalty for each count. The accused-appellant admitted intercourse but claimed mutual consent and argued that the offenses, at most, should be treated as qualified seduction; he also assailed Girlie’s credibility on the ground that her narration was implausibly identical across the four incidents.
Issues:
- Whether accused-appellant’s guilt for four counts
Case Digest (G.R. No. 125313-16)
Facts:
- Charges and information
- The case arose from four Informations for rape filed against Gregorio Pagupat (Accused-Appellant), tried by Branch 38 of the Regional Trial Court of the Tenth Judicial Region stationed at Cagayan de Oro City.
- Criminal Case No. 95-85 alleged that in May 1994, at Sitio Li-ang, Barangay Napaliran, Municipality of Balingasag, Province of Misamis Oriental, Accused-Appellant, armed with a knife and being the stepfather of Girlie Oliveros, did, willfully and unlawfully, by force, intimidation and threats, pin her down and have carnal knowledge with her against her will and without her consent, despite her age of fourteen (14) years, in violation of Article 335, as amended, of the Revised Penal Code.
- Criminal Case No. 95-86 alleged that on or about June 16, 1994, at around 9:00 o’clock in the morning, at the same place, Accused-Appellant, armed with a knife and being the stepfather of Girlie J. Oliveros, similarly pinned her down and had carnal knowledge with her against her will and without her consent, in violation of Article 335, as amended, of the Revised Penal Code.
- Criminal Case No. 95-87 alleged that in the last week of June 1994, at the same place, Accused-Appellant, armed with a knife and being the stepfather of Girlie J. Oliveros, again pinned her down and had carnal knowledge with her against her will and without her consent, in violation of Article 335, as amended, of the Revised Penal Code.
- Criminal Case No. 95-88 alleged that on or about July 10, 1994, at around 9:00 o’clock in the morning, at the same place, Accused-Appellant, armed with a knife and being the stepfather of Girlie J. Oliveros, again pinned her down and had carnal knowledge with her against her will and without her consent, in violation of Article 335, as amended, of the Revised Penal Code.
- Relationship, residence, and circumstances of the rapes
- During May 1994, private complainant Girlie Oliveros, a 14-year-old schoolgirl, resided with her mother in the house of Accused-Appellant, her stepfather, described as a 55-year-old farmer, in Liang, Napaliran, Balingasag, Misamis Oriental.
- In the second week of May 1994, at about 10:00 o’clock in the morning, Girlie was inside the house while her mother was away selling vegetables in Balingasag.
- Accused-Appellant pulled Girlie upstairs into a room, made her lie down, removed his clothes, and removed Girlie’s skirt and panties.
- Accused-Appellant forced his penis into Girlie’s vagina, then made push and pull motions.
- After sexual intercourse lasting about three (3) minutes, Girlie noticed her vagina was bleeding.
- Accused-Appellant put on his clothes and told Girlie that he would kill her if she reported the incident to her mother.
- Accused-Appellant left Girlie in the room, crying.
- Subsequent rape incidents and threats
- Accused-Appellant raped Girlie three more occasions: (a) sometime on the second or third week of June 1994; (b) sometime on the last week of June 1994; and (c) on July 10, 1994.
- For each subsequent occasion, the mother was again away selling vegetables at Balingasag.
- Girlie’s account described a similar manner each time: accused-appellant poked a knife at her, brought her upstairs, made her lie down, removed his and her clothes, lay on top of her, inserted his penis into her vagina, and thereafter made pumping motions.
- On all three occasions, Accused-Appellant threatened Girlie with death if she told anyone.
- Discovery of the assaults, filing of complaints, and pregnancy
- Girlie’s mother came to know of the events through Girlie’s sister, Sofia Ladia, who noticed in October 1994 that Girlie was pregnant.
- Only then did Girlie gather the courage to inform her sister that she had been repeatedly raped by their stepfather.
- On February 17, 1995, four criminal complaint-informations were filed against Accused-Appellant.
- Accused-Appellant’s defense and posture on appeal
- During trial, Accused-Appellant admitted having carnal knowledge of Girlie, but claimed it resulted from mutual consent.
- On appeal, Accused-Appellant argued that, if convicted, the offense could only be qualified seduction...(Subscriber-Only)
Issues:
- Credibility and sufficiency of proof beyond reasonable doubt
- Whether the prosecution evidence and the complainant-witness Girlie J. Oliveros’s testimony were credible and sufficient to prove rape beyond reasonable doubt.
- Whether the accused-appellant’s theory of mutual consent and the alleged incredible uniformity of Girlie’s narration across the four occasions created reasonable doubt.
- Nature of the offense as qualifying/heinous for death penalty
- Whether the circumstances of the rape met the statutory requisites for the imposition of the death penalty under Section 11 of Republic Act No. ...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)