Case Digest (G.R. No. L-70574)
Facts:
People of the Philippines v. Carmelo Paton-og, G.R. No. 70574, November 27, 1987, Supreme Court Second Division, Melencio-Herrera, J., writing for the Court.The criminal information charged Carmelo Paton-og (accused-appellant) with rape for acts allegedly committed on December 20, 1982 against Elvira Arias (complainant). On the afternoon and evening of December 20, 1982, the complainant traveled from Baybay to Albuera, Leyte; at the Biophil compound she boarded a truck that later took in five teenagers at Talisayan, including the accused. The complainant and the accused ended up at the Biophil compound; she testified that when the accused offered to lead her to pedicabs he instead led her past isolated places, suddenly seized her, boxed and choked her, dragged her into the bushes, delivered blows, and forcibly had carnal knowledge of her, during which she lapsed into unconsciousness. She immediately sought help at the Biophil compound, reported the incident to police in Ormoc, and underwent medical examination the same night; the hospital record noted facial injuries, vaginal laceration, and that pelvic examination readily admitted the index and middle finger.
A line-up was conducted on December 24, 1982 (in which she did not initially point to anyone but described the assailant as the “smallest” of the five teenagers); she gave a sworn statement on December 28, 1982. An order of arrest was issued March 15, 1983; the accused was arrested July 6, 1983. At trial the accused denied the rape charge and testified he went home that night after hitching a bicycle ride with a witness; defense witness Mario Alba corroborated that the accused rode home on his bicycle and retired early. The Regional Trial Court, Branch XII, Ormoc City (Criminal Case No. 2242-0), rendered its Decision on September 13, 1984, finding the prosecution more credible, convicting the accused of rape under Article 335, Revised Penal Code, sentencing him to reclusion perpetua, ordering P...(Subscriber-Only)
Issues:
- Did the prosecution prove beyond reasonable doubt that Carmelo Paton-og committed the crime of rape as charged...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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