Case Summary (G.R. No. 41248)
Facts of the Case
On the afternoon of July 31, 1933, Collado entered the residence of Bautista under the pretext of requesting a glass of water. Once inside, he attempted to physically assault her by embracing and kissing her without consent and grabbing her breasts. Despite being threatened with a dagger, Bautista defended herself, biting Collado and attempting to strike him with a nearby bolo. During the struggle, she cried for help, leading to her rescue by Crispulo Ariola, who discovered the two engaged in a confrontation.
Trial Court's Findings and Sentence
The trial court convicted Collado, finding him guilty of acts of lasciviousness as defined under Article 336 of the Revised Penal Code, imposed an indeterminate penalty of two months and one day of arresto mayor to two years, four months, and one day of prision correccional, along with the applicable legal consequences.
Appeal and Allegations of Error
Collado appealed the trial court's decision, asserting that the crime was improbable due to the nearby presence of witnesses—Ariola and Paulino Palaroan—who were within six meters of the scene. He contended that the situation was too public for such an act to occur without detection and attempted to establish that another witness, Laureano Nebrija, was present.
Court's Rejection of the Appellant's Arguments
The appellate court analyzed the context and dismissed Collado's claims of improbability. It emphasized that Bautista was alone in her home and physically threatened, making it plausible for Collado to believe she would not resist. The court also considered the dynamics between the witnesses' proximity and their respective testimonies, concluding that the lack of corroborating evidence for Nebrija's presence weakened Collado's defense.
Evidence of Resistance and Credibility of Witnesses
The court found credible Bautista's assertion that she cried for help, supported by witnesses, including Ariola and Luis Cariaso, who testified hearing her cries. The court noted that another witness, Palaroan, failed to hear Bautista call for help but did observe Collado fleeing, thus indicating a lack of credibility in his overall testimony.
Consideration of Aggravating Circumstances
The appellate court recognized the aggravated circumstance of dwelling, which had not bee
...continue readingCase Syllabus (G.R. No. 41248)
Case Overview
- Court: Supreme Court of the Philippines
- Case Number: G.R. No. 41248
- Date: September 14, 1934
- Parties: The People of the Philippine Islands (Plaintiff and Appellee) vs. Marcelino Collado (Alias Ninoy) (Defendant and Appellant)
Facts of the Case
- Paula Bautista, a young married woman, was alone in her house in Bacnotan, La Union, with her three-year-old child who was asleep.
- The accused, Marcelino Collado, visited her under the pretense of requesting a glass of water.
- Once inside, he assaulted Bautista by embracing her, kissing her, and fondling her breasts.
- Bautista, recovering from the initial shock, attempted to defend herself despite Collado's threats to kill her with a dagger if she did not comply with his advances.
- In her struggle, she bit Collado and cried for help, while also attempting to retrieve a bolo (a type of machete) to defend herself.
- Crispulo Ariola was the first to respond to her cries for help, at which point Collado fled the scene.
Trial Court Proceedings
- The trial court found the facts as established and sentenced Collado to an indeterminate penalty ranging from two months and one day of arresto mayor to two years, four months, and one day of prision correctional, along with the corresponding legal accessories and costs.
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