Title
People vs. Ferrer
Case
G.R. No. L-60073
Decision Date
Sep 23, 1983
Appellants forcibly entered a home, robbed the family, and raped a 14-year-old at gunpoint. Convicted of robbery with multiple rape, death penalty commuted to reclusion perpetua.
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Case Summary (G.R. No. L-60073)

Plea of Guilty and Testimony of the Victim

  • The appellants, Nenito C. Ferrer, Rodolfo Zulueta, and Nelson Maico, pleaded guilty to the charge of robbery with multiple rape during their arraignment.
  • The trial court ensured that the appellants were fully aware of the consequences of their guilty plea.
  • The victim, Lena Estrella, a minor, provided testimony detailing the sexual abuse inflicted upon her by the appellants.
  • Lena's testimony was deemed credible, as she had no ulterior motive for her accusations and would not falsely claim dishonor.
  • Medical evidence corroborated Lena's testimony, with Dr. Ruperta Caluag confirming fresh lacerations consistent with sexual assault.

Aggravating Circumstances and Penalty

  • The crime of robbery with rape carries a penalty of reclusion perpetua to death under the Revised Penal Code.
  • The trial court identified several aggravating circumstances:
    • The crime was committed at night.
    • The use of a motor vehicle facilitated the escape of the perpetrators.
    • The victims were hogtied and gagged, which weakened their ability to defend themselves.
  • Due to these aggravating factors, the trial court initially imposed the death penalty.
  • However, the death penalty was commuted to reclusion perpetua due to a lack of necessary votes among the justices.

Facts of the Case

  • The incident occurred around midnight on August 15, 1979, when the appellants forcibly entered the home of Teresa Estrella in Guiguinto, Bulacan.
  • Armed with a firearm and a knife, they threatened the family and demanded money and jewelry.
  • The appellants successfully stole valuables worth over P176,250.00 and sexually assaulted Lena Estrella.
  • The crime was reported to the police shortly after the incident, leading to an investigation that corroborated the victims' accounts.

Trial Court's Findings

  • The trial court found overwhelming evidence of robbery and multiple rapes committed by the appellants.
  • The court noted that the appellants acted in concert, using deadly weapons to intimidate the victims.
  • The court emphasized that the pleas of guilty did not mitigate the severity of the crime due to the presence of aggravating circumstances.

Appellants' Defense and Court's Response

  • The appellants contended that while they admitted to robbery, they denied the charges of rape.
  • The court rejected this defense, affirming that the guilty pleas and the evidence presented were sufficient to uphold the convictions.
  • The court r...continue reading

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