Case Digest (G.R. No. 116437)
Facts:
In People of the Philippines vs. Jomar Sisracon y Rupisan, et al. (G.R. No. 226494, February 14, 2018), the Supreme Court under the 1987 Constitution reviewed convictions for Qualified Rape involving five accused-appellants—Jomar Sisracon (17), Mark Valderama (17), Roberto Cortez, Luis Padua (16) and Adonis Motil (15)—and four co-accused at large. On February 29, 2004, about 11 PM, fifteen-year-old AAA, president of a youth group in a Rizal municipality, was invited by a group of nine minors and adults to discuss their organization at a basketball court. They insisted she join their drinking spree at a vacant apartment owned by Ranil Camaymayan’s aunt. AAA agreed to stay until 11:30 PM but, after two shots, grew dizzy. Appellants Jomar and Adonis blocked her exit and threatened harm to her brother (BBB) if she left. As her vision blurred, Jomar carried her to a “papag,” lowered her shorts and forcibly inserted his penis into her vagina, causing pain. He then called out “Sino angCase Digest (G.R. No. 116437)
Facts:
- Parties and background
- Plaintiff-Appellee: People of the Philippines.
- Accused-Appellants: Jomar Sisracon y Rupisan (17 y/o), Mark Valderama y Rupisan (17 y/o), Roberto Cortez y Badilla (adult), Luis Padua y Mitra (16 y/o), Adonis Motil y Golondrina (15 y/o), and four others at large.
- Victim: “AAA,” a 15-year-old female and youth‐group president.
- Commission of crime (Feb. 29, 2004)
- AAA was invited by appellants to an apartment for a drinking spree. They insisted she stay, blocked her egress, and threatened her brother if she left.
- She drank liquor until dizzy and semi‐unconscious. Jomar carried her to a “papag,” lowered her shorts and raped her, then called “Sino ang susunod?” A heavier unidentified man likewise raped her, after which she lost consciousness.
- Discovery, identification, and charges
- AAA’s brother (BBB) forcibly entered, found AAA half-dressed on the bed, and saw several appellants adjusting clothes. Barangay tanods arrested five of them.
- Medico‐legal exam (Mar. 1, 2004): suction mark on left breast; shallow hymenal lacerations at 7-8 o’clock positions indicating forcible entry.
- AAA and BBB identified five accused before the prosecutor. Nine Informations were filed for nine counts of qualified rape (RPC Arts. 266-A, 266-B, R.A. 8353, R.A. 8369), alleging force, victim unconsciousness, nighttime, treachery, premeditation, abuse of superior strength, and multiple offenders.
Issues:
- Whether the trial court erred in fully crediting AAA’s testimony.
- Whether the evidence was sufficient to prove guilt beyond reasonable doubt.
- Whether the qualifying circumstances (“by two or more persons” and nighttime) were established.
- Whether conspiracy among all appellants was proven.
- Whether appellants below 18 are exempt from criminal liability or entitled to minority mitigation.
- Proper penalties, application of indeterminate sentence law, and juvenile justice provisions (R.A. 9344, Secs. 6, 38, 51).
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)