Title
People vs. Collado
Case
G.R. No. 41248
Decision Date
Sep 14, 1934
Collado entered Paula's home, assaulted her, and fled when witnesses arrived. Convicted of lasciviousness, his appeal failed; court upheld guilt, considered dwelling as aggravating factor.
A

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

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