Case Digest (G.R. No. 187229)
Facts:
Arnel Sison y Escuadro was charged by the People of the Philippines with Kidnapping with Rape and with violation of P.D. No. 1866, as amended by R.A. No. 8294 (illegal possession of firearms) for events of April 16–17, 2003, involving private complainant AAA; the Regional Trial Court, Quezon City, Branch 81 convicted him of Kidnapping with Rape and illegal possession of a .45 pistol on December 14, 2007, and the Court of Appeals affirmed with modification on March 17, 2009. Petitioner sought review in this Court challenging AAA’s credibility, the sufficiency of evidence, the finding of use of a deadly weapon, and the firearms conviction.Issues:
- Did the courts below err in crediting AAA’s testimony and finding Petitioner guilty of rape?
- Was the evidence sufficient to establish that a deadly weapon was used in the commission of the crime?
- Could Petitioner properly be convicted separately for illegal possession of firearms under P.D. No. 1866, as amended by R.A. No. 8294, wh
Case Digest (G.R. No. 187229)
Facts:
- Background and procedural posture
- ARNEL SISON Y ESCUADRO, Petitioner, was charged by two Informations filed April 21, 2003 in the RTC, Quezon City, Branch 81: Criminal Case No. Q-03-116710 for Kidnapping with Rape; Criminal Case No. Q-03-116711 for Violation of P.D. 1866, as amended by R.A. 8294 (Illegal Possession of Firearms and Ammunitions).
- Petitioner pleaded not guilty to both charges and trial ensued; the RTC rendered a Joint Decision dated December 14, 2007; the Court of Appeals affirmed with modification in a Decision dated March 17, 2009; petitioner filed the present petition for review on certiorari.
- Accusatory particulars and alleged criminal acts
- In Criminal Case No. Q-03-116710 the Information alleged that on or about April 16, 2003 in Quezon City, petitioner, by means of force, violence and intimidation, armed with a firearm, kidnapped and raped complainant AAA after she boarded petitioner's Mitsubishi Adventure van, plate no. CSV-606, and that petitioner compelled her to a motel in Sta. Mesa where he had carnal knowledge of her by force and intimidation.
- In Criminal Case No. Q-03-116711 the Information alleged that on or about April 17, 2003 petitioner had in his possession one Peter Stahl .45 caliber pistol, Serial No. A414, with five ammunitions, without the necessary license/permit.
- Prosecution evidence (as summarized by the RTC and adopted by the CA)
- AAA, a 21-year-old working woman on the 10:00 p.m.–7:00 a.m. shift, boarded petitioner's van at Bocaue toll gate at around 8:00 p.m. on April 16, 2003 and sat in the front passenger seat; other passengers alighted until AAA remained the last passenger.
- Petitioner allegedly told AAA he would change her P100 bill for fare; he made turns into an alley; AAA felt uneasy and attempted to alight but then heard cocking of a gun; petitioner put his right arm over her right shoulder, drew her nearer, pointed a gun at her chest with his right hand while driving with his left hand, and kept driving for ten to twenty minutes until reaching the vicinity of Town and Country Motel.
- At the motel petitioner entered a garage room, pushed AAA out of the van, dragged her upstairs and into a room; he pinned her to the bed, removed her pants and panty, removed his clothing, rubbed and inserted his penis into her vagina and made pumping motions despite AAA's pleas; AAA felt pain and later felt something sticky released; petitioner thereafter dressed her and threatened to shoot her if she made a scene or reported the incident, and obtained her cell phone number.
- After petitioner dropped her in Cubao, AAA reported the incident to her supervisor, then to Police Station 7 where she executed a sworn statement (Exhibit A); police follow-up led to petitioner's arrest in front of Baliwag Bus Terminal, Cubao, Quezon City, and recovery of a .45 caliber Peter Stahl pistol Serial No. A414 and five ammunitions (Exhibits E and E-1 to E-5); the van, plate CSV-606, was brought to the station (Exhibit F).
- PO2 Regundina Sosa testified that petitioner's Permit to Carry Firearm No. 1-B149052 had expired on January 11, 2003 (Exhibit H); Medico-Legal Report No. M-1231-03 dated April 24, 2003 by Dr. Pierre Paul Carpio stated the subject was in a non-virgin state physically with no external signs of trauma (Exhibit K).
- Defense evidence and alternate account
- Petitioner testified that AAA consented to sexual relations; he related a courtship narrative during the trip, alleged offers of money and clothes, and an agreed visit to Gardenia Hotel where they obtained a garage room; he described consensual sexual intercourse and payment of P600 instead of P4,000...(Subscriber-Only)
Issues:
- Assignments of error and factual-legal disputes
- Whether the CA erred in affirming the RTC's decision by giving full credence to AAA's testimony which petitioner claims was inconsistent, uncertain, unreliable, inherently weak and contrary to normal human behavior.
- Whether the CA erred by failing to appreciate evidence which, if considered, would result in petitioner's acquittal.
- Whether the CA erred in finding that petitioner used a deadly weapon against AAA in the commission of the alleged incident.
- Whether the evidence adduced by the prosecution met the standard of moral certainty to convict petitioner of the charged offenses.
- Legal questions presented to the Supreme Court
- Whether the crime charged as Kidnapping with Rape was properly characterized or whether the proper offense was rape qualified by the use of a deadly weapon. ...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)