Case Digest (G.R. No. 135034)
Facts:
Juliet A. Magamayo, a nineteen-year-old unmarried woman, testified that on the night of August 18, 1995 in Barangay Togbongon, Surigao City, she was forcibly raped by several men while they entered the Balantucas residence at around midnight and threatened the occupants with a knife. She further stated that, after the rapes, Adriano Seguis and Rosalito Estebe also raped her, and that later she discovered that her gold bracelet, gold ring, and P50.00 cash were taken, though she admitted she did not know which of the accused took the valuables. Two other witnesses corroborated her account, including Lilibeth Balantucas, and the doctor confirmed injuries consistent with rape and the presence of spermatozoa.The accused were indicted for robbery with multiple rape under the Revised Penal Code and proceeded to trial only with appellants Adriano Seguis and Rosalito Estebe (the rest were at large). The Regional Trial Court of Surigao City, Criminal Case No. 4581, found both guilty bey
Case Digest (G.R. No. 135034)
Facts:
- Parties, charges, and procedural posture
- People of the Philippines charged Adriano Seguis a.k.a. "Junior" and Rosalito Estebe a.k.a. "Dodong" (with other co-accused at large) for robbery with multiple rape.
- The Amended Information alleged that on or about August 19, 1995 in Barangay Togbongon, City of Surigao, the accused, conspiring and confederating, by means of force and intimidation, had carnal knowledge of Juliet A. Magamayo by taking turns in raping her against her will without consent, and on the same occasion took and carried away her personal belongings with intent to gain by means of violence and intimidation.
- The Amended Information listed the property taken as: gold bracelet (P 500.00), gold ring (P 4,000.00), and cash money (P 50.00), totaling P4,550.00.
- During arraignment, both appellants entered pleas of NOT GUILTY.
- The trial proceeded on the prosecution’s evidence mainly anchored on Juliet’s narration, with corroboration from Michael Balantucas and Lilibeth Balantucas, and medical evidence presented by hospital personnel.
- After trial, the Regional Trial Court of Surigao City convicted each appellant of simple rape under Article 335 of the Revised Penal Code and imposed reclusion perpetua; each was ordered to pay one-half of the costs and indemnify Juliet Magamayo in the amount of P50,000.00 for the rape committed by him.
- Only appellants Adriano Seguis and Rosalito Estebe appealed, assigning as error that the lower court erred in finding them guilty though not of the crime charged but only of simple rape without proof of guilt beyond reasonable doubt.
- The victim’s account of the assault and robbery
- Juliet A. Magamayo was a nineteen-year-old unmarried girl residing at San Jose, Mainit, Surigao del Norte.
- On the afternoon of August 18, 1995 at about 3 o’clock, Juliet went to Barangay Togbongon, Surigao City to collect a loan of fifty pesos from Michael Balantucas, a friend she knew long before.
- Juliet arrived after about one hour of travel, exchanged pleasantries with Michael, and later met Loloy Gibertas and Elmer Canico, who were on their way to fetch water.
- Michael invited Juliet to stay for the night because darkness was closing in; Juliet agreed because she had slept there before and believed it would be too perilous to go back home.
- Juliet and Lilibeth slept in the house’s only bedroom, which was lighted by a kerosene lamp; Michael stayed outside the bedroom doorway and Rolando stayed in the sala.
- At about midnight, Juliet was awakened by commotion as five men entered the house.
- Juliet saw Rodrigo Doquila pointing a knife at Michael’s throat; she noticed Lilibeth was not beside her because Lilibeth went to the kitchen to urinate.
- Elmer Canico grabbed Juliet’s hair and commanded her to lie down on the floor.
- Loloy Gibertas held Juliet’s right hand, while another man held her left; Juliet struggled and twisted her body such that another man restrained her legs.
- Elmer Canico removed his pants and brief, knelt in front of Juliet, stripped her of her pants and underwear, then placed himself on top of her; he inserted his penis into her vagina and made push-and-pull movements.
- Juliet resisted and kicked her legs; Canico continued despite her pain.
- After Canico finished, he stood up, put on his pants, and told Lolong Doquila to guard Michael with a knife.
- Doquila then had carnal knowledge of Juliet by inserting his penis into her private part and performing the same push-and-pull movements.
- Juliet begged Doquila to stop because of pain; the appeal proved fruitless.
- Loloy Gibertas replaced Doquila and had coital intercourse with Juliet; Juliet resisted and shouted for help, but the men told her to remain silent or they might kill her.
- Befel dela Cruz was next, followed by an unidentified man also having sexual contact with Juliet.
- After the five men finished, Adriano Seguis and Rosalito Estebe entered the room.
- Juliet recognized Seguis and Estebe by a flashlight that Estebe brought to illuminate the area; the small kerosene lamp had earlier been extinguished by the five men.
- Estebe laid himself on top of Juliet; Juliet fought weakly, and he rammed his penis into her vagina until he got up minutes later.
- Elmer Canico returned to the bedroom and Juliet heard him announce it was his turn again; Canico copulated with her a second time.
- The last man to have carnal knowledge of Juliet against her will was Adriano Seguis; he inserted his male organ into her private part and performed the same push-and-pull movements using his buttocks.
- Juliet again begged Seguis to stop; Seguis ordered her to keep quiet.
- When Seguis finished, he went to the kitchen, returned with a plate of rice, and gave it to Juliet.
- Juliet pretended to eat the rice so she would not be raped again; she cried and asked Seguis to help her up; she sat in a corner.
- When Seguis tried to blame Estebe, Estebe answered that the five men sexually abused her.
- Michael appeared; Juliet asked him how it happened, and Michael answered that they were all asleep when the incident began.
- Seguis and Estebe warned Michael and Juliet not to tell anyone or they might all be killed; Juliet testified it was about one o’clock in the morning when Seguis and Estebe left.
- Juliet later discovered that she had been despoiled of her gold ring worth P4,000.00 and her gold bracelet worth P500.00, and that her cash money amounting to P50.00 was no longer in her pant’s pocket.
- Juliet admitted she did not know which among the accused carried away the valuables while she was being assaulted.
- Corroborating testimony and medical evidence
- Michael Balantucas corroborated that the seven accused illegally entered their house and took turns sexually defiling Juliet; he testified the rapes were committed right before his eyes and that someone pointed a knife at his throat throughout, rendering him unable to help because he was fearful for himself and his siblings.
- Lilibeth Balantucas testified that around midnight she woke up to urinate, went to the kitchen, and five men suddenly entered the bedroom.
- Lilibeth identified Elmer Canico, Lolong Doquila, Loloy Gibertas, and Berfel dela Cruz as among the men who entered; she did not know the fifth person.
- She testified that Adriano Seguis and Rosalito Estebe pulled and dragged her out of the house and she recognized them because of light coming from an electric bulb located in the kitchen.
- Outside, Seguis and Estebe ordered her to keep quiet or they would kill her; she remained silent out of fear.
- About an hour later, they went back inside; Lilibeth stayed where they told her not to move.
- On August 19, 1995, someone fetched Francisco Pecante (a member of the local CVO), who initially investigated the incident; Pecante then sought Perfecto Pagas (barangay captain of Togbongon).
- Together, they brought Juliet to the Surigao Provincial Hospital for physical examination and medical treatment.
- Dr. Panfilo Jorge Tremedal III testified that on August 19, 1995, he examined Juliet who complained she had been raped; he found an abrasion of the labia majora, which in his expert opinion could have been caused by a blunt object like an erect human penis.
- Elsa Adlawan, a hospital medical technologist, testified that on the same date she received a vaginal specimen taken from Juliet for laboratory evaluation for spermatozoa; tests were positive for spermatozoa.
- Defense evidence and trial court’s finding on rape and robbery
- The defense first offered Nilda Cabug-os, Juliet’s ...(Subscriber-Only)