Case Digest (G.R. No. 96249)
Facts:
The People of the Philippines v. Alipio Quiamco and Eddie Agipo, G.R. No. 96249, February 19, 1997, Supreme Court Third Division, Francisco, J., writing for the Court.On the night of July 12, 1985, complainant Ederliza Pepito alleged that appellants Alipio Quiamco and Eddie Agipo forcibly entered her house in Sitio Ponong, Daan Lungsod, Placer, Masbate, threatened her with a scythe, and then sexually assaulted her repeatedly while she was coerced into silence. Her mother, Maria Pepito, testified in corroboration and positively identified the two accused as neighbors.
The prosecution charged the two with rape. At trial the accused presented alibi defenses: appellant Quiamco testified he was fishing some 20 kilometers away that night and returned only the following morning; appellant Agipo testified he was planting rice about 19 kilometers away and returned days later. The trial court heard testimony (several hearings are cited) and, in a judgment promulgated April 27, 1990, convicted both appellants of rape and sentenced each to reclusion perpetua, ordered indemnity of P25,000.00, and credited four-fifths of their preventive imprisonment to their account.
The trial judge who signed the judgment (Judge Sinforoso S. Nano) explained he had not personally observed the witnesses testify because other judges (Protacio C. Sto. Tomas, Henry B. Basilia, Ricardo B. Butalid) had heard the evidence during their respective incumbencies; he therefore relied on the record in writing the decision. The appellants appealed the conviction to the Supreme Court, raising errors alleging inconsistent and unbelievable p...(Pro-only)
Issues:
- Did the trial court err in crediting the prosecution witnesses and their identifications despite alleged inconsistencies and improbabilities?
- Was there failure of the prosecution to prove the guilt of appellants beyond reasonable doubt, including proof of their complicity?
- Did the trial court improperly disregard the testimonies and alibi def...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)