Case Digest (G.R. No. 267093)
Facts:
Mark Anthony Romero y Flores, G.R. No. 267093, May 29, 2024, Supreme Court Second Division, Lazaro‑Javier, J., writing for the Court.Petitioner Romero was charged by Information dated July 26, 2019 with the special complex crime of kidnapping with rape for events alleged to have occurred from about 7:00 p.m. of July 24, 2019 until about 3:00 a.m. of July 25, 2019 involving a 16‑year‑old female victim (hereinafter AAA). At arraignment Romero pleaded not guilty; at the preliminary conference the parties stipulated to several factual points (including Romero’s identity, that he and an unknown male owned the tricycle the victim boarded, and that the tricycle was later found at Romero’s house).
The prosecution presented AAA and several witnesses who testified that AAA boarded a yellow tricycle, Romero sat beside her in the sidecar, the driver sped off instead of stopping at her house, Romero grabbed her phone and then covered her mouth and nose with a foul‑smelling handkerchief rendering her unconscious; she later woke up naked on a bamboo bench inside a cottage, with soreness and bloodstains, and medical examination showed hymenal lacerations and vestibular erythema. The defense offered alibi testimony from Romero and family witnesses who said he was elsewhere that night and challenged the identification procedure.
By Judgment dated October 15, 2020, the Regional Trial Court convicted Romero of the complex crime of kidnapping with rape and sentenced him to reclusion perpetua without parole and ordered damages. On appeal, the Court of Appeals in a Decision dated November 2, 2022 affirmed in part and modified the RTC judgment: it held Romero guilty only of forcible abduction under Article 342, acquitted him of rape because of the presence of an unknown co‑perpetrator and “reasonable doubt” as to who raped the victim, and reduced the penalties and damages. The Court of Appeals denied Romero’s motion for partial reconsideration in a Resolution da...(Pro-only)
Issues:
- Based on the evidence adduced, may Romero be found guilty of the crime charged? ...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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