Republic of the Philippines

SUPREME COURT
Manila
EN BANC
G.R. No. 128285 November 27, 2001
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee,
vs.
ANTONIO PLANA !"# $CATONG$ E%GAR%O PERA&RA, RENE SAL%E'EA () RICHAR%
*AN%A&,defendant-appellants.
PER CURIAM+
This is an automatic revie of the decision of the Re!ional Trial Court, Branch "# of Ro$as Cit% in Criminal Case No.
&'#( findin! accused-appellants Antonio Plana, Ed!ardo Pera%ra, Rene )aldevea and Richard Banda% !uilt% be%ond
reasonable doubt of the crime of Rape ith *omicide and imposin! upon them the supreme penalt% of +eath.
The ,nformation filed a!ainst accused-appellants reads-
That on or about ".-/. o0cloc1 in the mornin! of )eptember 2/, "((&, at Br!%. Cubi, +umarao, Capi3, and
ithin the 4urisdiction of this Court, the above-named accused did, then and there, ilfull% and feloniousl%,
and b% conspirin! and helpin! one another, !an!-up and have carnal 1noled!e of *E5EN P,R6TE 7should
read *elen Perote8 a!ainst her ill, and, thereafter, b% means of cruelt% hich au!mented her sufferin!, did,
then and there, stri1e, man!le and stab said *E5EN P,R6TE several times ith both blunt and sharp-ed!ed
eapons thereb% inflictin! upon her serious multiple ounds causin! massive hemorrha!e hich resulted to
7sic8 her death."
At their arrai!nment, accused-appellants pleaded not !uilt%. +urin! the trial, the prosecution presented as its itnesses
+r. Ricardo Betita, 9r., :eli$ 5a!ud, Rene Bustamante, Antonio Mendo3a, Amalia Rafael, 5inda Perote and Romeo de
la Torre +ia3. Their testimonies, ta1en to!ether, establish that-
6n )eptember 2', "((&, the victim, *elen Perote, as found dead b% her brother and the police in Br!%. Cobe,
+umarao, Capi3. The bod% as in prone position and as alread% in an advance state of decomposition. Per the post
mortem e$amination conducted b% +r. Ricardo Betita, Rural *ealth 6fficer of Cuartero, Capi3, the victim sustained
the folloin! in4uries-
". Clean ed!es stab ound 2$# cm left anterior chest.
2. Avulsion ith irre!ular ed!es ound ;$"2 cm middle chest area.
/. Avulsion of the nose and upper lip portion<area.
&. Clean ed!es ound or stab ound 2$# cm epi!astric area.
#. Clean ed!es stab ound 2$# cm left h%po!astric area.
'. Clean ed!es stab ound 2$# cm h%po!astric area.
=. Clean ed!es stab ound 2$# cm left posterior upper bac1.
;. Clean ed!es stab ound 2$# cm mid upper portion of the bac1.
(. Clean ed!es stab ound 2$# cm left posterior bac1 level of ;th ribs.
".. Clean ed!es stab ound 2$# cm left bac1 level of left lumbar area.
"". Clean ed!es ound 2$# cm middle lo bac1 area.
"2. Clean ed!es ound 2$# cm ri!ht lo bac1 area at level of lumbar area.
"/. Clean ed!es ound 2$# cm left !luteal area near the anus.
"&. >a!ina- ,ntroitus can easil% insert 2 fin!ers<*%men ith laceration / and ( o0cloc1 ?old laceration@ and on
the state of decomposition.
The most probable cause of death as massive hemorrha!e or blood loss secondar% to multiple stab
ound7s8.2
Ahen he too1 the itness stand, +r. Betita described the fourteen ?"&@ ounds inflicted on the victim as follos-
Aound No. " as located 4ust above the left breast of the victim. ,t as seven ?=@ to nine ?(@ centimeters deep. ,t as
a fatal ound as it hit the heart of the victim. Aound No. 2 as located in the middle chest area of the victim. Aound
No. / as an avulsion on the nose and upper lip. There as also a missin! tooth. The ound could have been caused
b% a hard ob4ect or that the victim fell ith her face hittin! the !round. Aound No. & as a stab ound located at the
upper part of the abdomen. ,t as seven ?=@ centimeters deep and as probabl% caused b% a 1nife or a bladed
instrument. Aound No. # as a stab ound located at the left side above the pubis area. Aound No. ' as a stab
ound located above the pubis area also. ,t as seven ?=@ to ten ?".@ centimeters deep. The urinar% bladder and the
uterus could have been hit b% this ound. Aound No. = as a stab ound and located at the ri!ht scapular area of the
bod%. Aith a depth of seven ?=@ centimeters, the ound hit the lun!s of the victim. Aound No. ; as a stab ound
and located at the upper bac1 portion. ,t could have affected the spinal cord causin! paral%sis. Aound No. ( as a
fatal stab ould located at the left posterior bac1 level of the ;th rib. The ound could have affected the spinal cord,
the lun!s and the abdominal Baorta.B Aound No. ". as located at the left lumbar area hich could have hit the
1idne% of the victim. Aound No. "" as located at the middle lo bac1 area. Aound No. "2 as located at the middle
portion of the bac1 4ust above the ri!ht lumbar area. Aound No. "/ as located near the anus. The ound as
inflicted ith the victim facin! donard or the assailant as at the bac1 of the victim. :inall%, Entr% No. "& as the
laceration on the h%men of the victim0s se$ual or!an./
Accordin! to +r. Betita, the victim died more than sevent%-to ?=2@ hours alread% before the police authorities found
her bod%.&
6n )eptember 2/, "((&, or three ?/@ da%s before the victim0s bod% as found, at around ".-/. in the mornin!, :eli$
5a!ud as al1in! at the feeder road in Baran!a% Cobe, +umarao, Capi3. *e 4ust came from his farm in
Alipas%aan, +umarao and as on his a% home to Poblacion ,laod. A movement at about fift% meters to his left
side cau!ht his attention. *e sa three persons ho seemed to be restlin!. *e came nearer so he ould be able to
see them more clearl%. :rom about a distance of tent% ?2.@ meters, he sa the three men holdin! a !irl hile another
man as on top of her. The !irl as bein! raped and she as later stabbed. :ri!htened that the assailants ould see
him, 5a!ud ran aa%. *e intended to !o strai!ht home but hen he passed b% the house of Porferio *a!uisan, the
latter invited him for a Bmila!rosa.B 5a!ud obli!ed and sta%ed at the house of his B1umpareB until 2-.. in the
mornin!.#
6n )eptember 2', "((&, hile he as in Cn!on ,la%a, 5a!ud heard that a !irl as found dead in Baran!a% Cobe. ,t
as the same place here, three da%s earlier, he sa the four men !an! up on the !irl. *e anted to !o to the place
but he as told that the foul smell comin! from the decomposed bod% alread% permeated the place. *e later learned
that the deceased as *elen Perote.'
,n his affidavit,= as ell as in his testimon% in court, 5a!ud identified accused-appellants Plana, Pera%ra and )aldevea
as the three men ho ere holdin! the !irl hile their fourth companion as rapin! her. At the time of the incident,
he did not %et reco!ni3e the fourth man ho as on top of the !irl. *oever, hen he sa accused-appellants at the
municipal hall here the% ere brou!ht hen the% ere arrested on )eptember 2', "((&, he identified the fourth man
to be accused-appellant Banda%.;
Rene Bustamante corroborated in part the testimon% of 5a!ud. Beteen ".-/. to ""-.. in the mornin! of )eptember
2/, "((&, Bustamante as loo1in! for his carabao. *e found it near the fishpond oned b% accused-appellant
)aldevea in Baran!a% Cobe. Bustamante as tu!!in! the carabao hen he heard the sound of men lau!hin!. Ahen he
loo1ed bac1, he sa accused-appellant )aldevea, ho as then shirtless, pull up his pants. Accused-appellant
)aldevea ere ith three other men. The% ere ashin! their hands on the fishpond. Bustamante reco!ni3ed one of
them to be accused-appellant Pera%ra. Bustamante proceeded to his home in Baran!a% Cn!on, ,la%a, +umarao,
Capi3.(
6n )eptember 2#, "((&, Bustamante as in their house ith his ife and children. *is mother-in-la, 5inda Perote,
arrived loo1in! for her dau!hter *elen. The ife of Bustamante is the older sister of *elen. The% learned that *elen
had been missin! since )eptember 2/, "((&. )he as supposed to !o to the house of her other sister, )usan, but she
?*elen@ never reached the latter0s place. The% be!an to search for her. 6n )eptember 2', "((&, the% found her lifeless
bod% ith no clothes on but her pant%. There ere alread% ma!!ots infestin! her bod%. Bustamante confirmed in open
court that accused-appellants ere the men that he sa on )eptember 2/, "((& near the place here the bod% of *elen
as found.".
Antonio Mendo3a, baran!a% captain of Baran!a% *ambad, +umarao, Capi3 and storeoner, narrated durin! the
hearin! that on )eptember 2/, "((&, at past ;-.. in the mornin!, accused-appellants arrived at his store. The% bou!ht
to bottles of E)D his1% and proceeded to drin1 the liEuor. Accused-appellants ere drin1in! in Mendo3a0s store
until almost ".-.. in the mornin!. Thereafter, the% left brin!in! ith them the one-half full bottle of his1% that the%
did not consume.""
To da%s after that incident, on )eptember 2#, "((&, Porferio *a!uisan and members of the Re!ional )ecurit% of the
Armed :orces ?R)A:@ came to see Mendo3a to as1 him if he sa accused-appellants. Mendo3a told them that
accused-appellants ere in his store in the mornin! of )eptember 2/, "((&. *a!uisan and the police left. The
folloin! da%, Mendo3a heard that *elen0s bod% as found dead near the fishpond oned b% the brother of accused-
appellant )aldevea. The place is appro$imatel% #.. meters aa% from Mendo3a0s store."2
The last person ho tal1ed ith the victim as her older sister Amalia Rafael. ,n the mornin! of )eptember 2/, "((&,
*elen ent to see Amalia to tell her that the% ere !oin! to have a Bmila!rosaB in the house of their other sister,
)usan. Amalia instructed *elen to !o ahead. *elen then left to proceed to )usan0s house. Foin! there, *elen ould
usuall% pass b% the raila% trac1 and the feeder road. After *elen left, Amalia folloed her to their sister0s house.
Amalia too1 the same route passin! b% the raila% trac1 and feeder road. 6n her a%, Amalia met accused-appellants
on the feeder road near the fishpond. At the time, she onl% 1ne accused-appellants Plana and Pera%ra. )he noticed
that the four men ere not earin! an% shirts but onl% their denim pants. The% ere obviousl% drun1 as their faces
ere red and the% al1ed in a 3i!3a! manner. Amalia sa that accused-appellant Plana had a 1nife tuc1ed in his
aist."/
There ere alread% man% people hen Amalia arrived at )usan0s house. *oever, *elen as nohere to be found.
Amalia did not sta% lon! there as she onl% !ot food. 6n )eptember 2#, "((&, hile she as or1in! in the ricefield,
their mother, 5inda, came. )he told Amalia that *elen had not come home. The% then ent to see *elen0s classmates
to as1 them if the% 1ne here she ent. All the% 1ne is that she ent to a Bmila!rosa.B 6n )eptember 2', "((&,
the% found the bod% of *elen near the fishpond of accused-appellant )aldevea in Baran!a% Cobe, +umarao, Capi3.
*elen as then onl% ei!hteen %ears old."&
The Chief of Police of +umarao Police )tation, Romeo dela Torre +ia3, received report of *elen0s disappearance in
the afternoon of )eptember 2#, "((&. 5ater in the evenin!, he !ranted clearance to the '."st Mobile :orce Compan%
to conduct the search. The folloin! da%, upon hearin! that the bod% of *elen as alread% found, +ia3 ent to the
station of the '."st Mobile :orce Compan%. Accused-appellants, ho ere alread% there, ere turned over to him for
investi!ation. Thereafter, +ia3 ent to the place here *elen0s bod% as found in Baran!a% Cobe."#
5inda Perote, the victim0s mother, described on the itness stand the shoc1, !rief and an!uish that she felt upon
learnin! of her dau!hter0s death. )he averred that the famil% spent almost fift% thousand pesos ?P#.,......@ for
*elen0s a1e and burial."'
Cpon the other hand, accused-appellants interposed the defense of denial and alibi. Their account of their activities on
that fateful da% of )eptember 2/, "((& is as follos-
At around =-/. in the mornin!, accused-appellants had BlomiB in the eater% oned b% Eddie Pendon. After eatin!,
the% accompanied accused-appellant )aldevea to the public mar1et to bu% fish. :rom the public mar1et, the% all
boarded a tric%cle to !o to Baran!a% Bu!na%. Ahen the% ali!hted the tric%cle, the% ma% baran!a% captain Ton%
Mendo3a. Mendo3a boarded the tric%cle hile accused-appellants proceeded to Mendo3a0s store. Accused-appellants
bou!ht to bottles of his1% from the store. The% dran1 the liEuor at said store until past ".-.. in the mornin!."=
Thereafter, accused-appellants Plana and Banda% had to leave behind accused-appellants )aldevea and Pera%ra to !o
to the house of Plana0s aunt and uncle, >icente and :elomina +ocutan. The% reached the house of the +ocutans at
around ".-/. in the mornin!. ,t onl% too1 them a couple of minutes to !et there b% foot. Accused-appellants Plana and
Banda% ere tas1ed to coo1 the chic1en for the celebration that ni!ht. Also at the house of the +ocutan couple as
Nolan 6bena. Accused-appellants Plana and Banda% sta%ed there until (-.. in the evenin!. Accused-appellant Banda%
slept over at the house of accused-appellant Plana since he ?accused-appellant Banda%@ lived Euite far.";
:or their part, after accused-appellants Plana and Banda% left the store, accused-appellants Pera%ra and )aldevea
proceeded to the house of the latter0s sister-in-la, Monina )aldevea. Accused-appellant )aldevea coo1ed the fish that
the% earlier bou!ht in the public mar1et. The% then had lunch and after eatin!, the% slept. Accused-appellant Pera%ra
slept until &-.. in the afternoon. Accused-appellant )aldevea o1e up earlier and as soon outside the house ploin!
the field. Accused-appellant Pera%ra ent home at &-/. in the afternoon."(
To buttress their defense of denial and alibi, accused-appellants further accounted for their activities on the da%s
subseEuent to )eptember 2/, "((&. Accused-appellant Plana claimed that he spent the da% !atherin! ood on
)eptember 2&, "((&. The folloin! da%, he 4ust sta%ed at their house but in the afternoon, he pla%ed bas1etball ith
accused-appellant Pera%ra and their friends. 5ater in the evenin!, at about ""-.., certain members of the R)A: came
to the house of accused-appellant Plana. Accused-appellant Pera%ra as still there because he slept over at said house.
The R)A: Euestioned them if the% sa a !irl named *elen Perote. The% ansered no. Accused-appellants Plana and
Pera%ra then accompanied the la enforcers to see a certain B5ando.B The authorities inEuired from 5ando if there
as a oman ho boarded his Bberin!B transportation. 5ando ansered in the ne!ative. Accused-appellants Plana and
Pera%ra ere then instructed b% the police to !o to the police detachment. )ince it as alread% late, accused-appellants
Plana and Pera%ra as1ed if the% could 4ust !o there in the mornin! of the folloin! da%.2.
Accused-appellant Pera%ra averred that he sta%ed at his house the hole da% of )eptember 2&, "((&. The folloin!
da%, he ent to the house of accused-appellant Plana in the afternoon. The% a!reed to meet later in the evenin! at the
a1e in the house of the ,!aras famil%. The% left the a1e at ".-.. in the evenin!. Accused-appellant Pera%ra decided
to spend the ni!ht at the house of accuse-appellant Plana. At ""-.. in the evenin!, the% ere aa1ened b% the brother
of accused-appellant Plana. The% ere informed that members of the R)A: ere outside the house loo1in! for them.
Accused-appellant Pera%ra as brou!ht in front of the house hile accused-appellant Plana as brou!ht at the bac1.
Accused-appellant Pera%ra as as1ed of his hereabouts on )eptember 2/, "((&.2"
Accused-appellant Banda% recounted that he left the house of accused-appellant Plana earl% mornin! of )eptember 2&,
"((&. *e slept there the ni!ht before after the% had dinner at the house of the +ocutans. *e never left his house on
)eptember 2& and 2#, "((&. 6n )eptember 2', "((&, he received ord that the police chief anted to as1 him
Euestions. *e thus ent to the police detachment as instructed. *e did not see the other accused-appellants hen he
arrived at the detachment. The authorities be!an interro!atin! him. The% anted him to confess to the 1illin! and
rapin! of *elen. Ahen he refused, the% punched him. 5ater in the afternoon, the four accused-appellants ere brou!ht
to the municipal hall in +umarao, Capi3. The% ere placed under detention there.22
Aside from accused-appellants, the defense presented other itnesses, namel%, 9ulia Barrientos, Nolan 6bena,
,!leserio :arinas, Rolando Nael!as and Monina )aldevea. Barrientos tried to refute the alle!ation of prosecution
itness :eli$ 5a!ud that he sa accused-appellants rape and stab *elen in Baran!a% Cobe. Barrientos testified that on
)eptember 2/, "((&, at ".-.. in the mornin!, on her a% to the public mar1et, she sa 5a!ud sittin! on the bench
outside his house. 5a!ud as then sellin! Bama1an,B hence, he could not have seen hat he claimed he sa.2/
6bena corroborated the alibi of accused-appellants Plana and Banda% that from ".-/. in the mornin! to ;-.. in the
evenin! of )eptember 2/, "((&, the% ere at the house of the +ocutan couple. 2& :arinas, a bas1et vendor, said durin!
his testimon% that he sa accused-appellant Plana and his to companions at around ".-/. in the mornin! of that
fateful da%. The% passed b% the house of Ronie )aldevea, brother of accused-appellant )aldevea, here :arinas as
bu%in! bas1ets. *e ?:arinas@ even had a short conversation ith accused-appellant Plana. :arinas sa accused-
appellant Plana and his companions head toards Baran!a% Cobe.2#Nael!as corroborated the testimon% of 6bena.
Nael!as sa 6bena hen the latter bou!ht bas1ets from Ronie. *e ?Nael!as@ affirmed that accused-appellants Plana
and Banda% passed b% the house of Ronie. The% came from the direction of the nearb% hi!h school and ent don the
hill !oin! to Baran!a% Cobe.2'
Monina )aldevea, sister-in-la of accused-appellant )aldevea, corroborated the alibi of accused-appellants )aldevea
and Pera%ra. )he attested that on )eptember 2/, "((&, accused-appellants )aldevea and Pera%ra arrived at her house at
".-/. in the mornin!. The% had their lunch there. Accused-appellant )aldevea helped prepare the same. Accused-
appellant Pera%ra sta%ed at the house of Monina until &-/. in the afternoon hen he ent home. 6n the other hand,
accused-appellant )aldevea did not leave the house until )eptember 2#, "((&. The folloin! da%, he ent to the
detachment after he as informed b% accused-appellant Pera%ra that the authorities anted to investi!ate them for the
death of *elen Perote.2= Edith Pera%ra, mother of accused-appellant Pera%ra, averred that in the mornin! of
)eptember 2/, "((&, her son as1ed permission from her to !o to the public mar1et. *e told her that he as !oin! there
ith accused-appellant )aldevea. Ahen he !ot home at #-.. in the afternoon, he told his mother that he ate lunch at
the house of Monina )aldevea ith accused-appellant )aldevea. Accused-appellant Pera%ra did not leave their house
e$cept to bu% ci!arettes in the afternoon of )eptember 2#, "((&. The folloin! da%, at '-.. in the mornin!, accused-
appellant Pera%ra reported to the police detachment after he learned that the authorities anted to as1 him Euestions.
At the detachment, he as surprised to learn that he as one of the suspects in the rape-sla%in! of *elen. Accused-
appellants ere all brou!ht to the municipal hall in +umarao, Capi3 here the% ere detained.2;
5a!ud as called a!ain to the itness stand b% the prosecution to rebut the testimon% of 9ulia Barrientos, itness for
the defense. 5a!ud admitted that he 1nos Barrientos but denied seein! her on )eptember 2/, "((&. Accordin! to
5a!ud, Barrientos0 claim that she sa him sellin! Bama1anB on that date is not true because he had alread% stopped
said business in "((2.2(
6n November 2/, "((', after due trial, a 4ud!ment as rendered b% the trial court findin! accused-appellants !uilt%
be%ond reasonable doubt of the crime of rape ith homicide. The trial court imposed upon them the supreme penalt%
of death. The dispositive portion of the trial court0s decision reads-
A*ERE:6RE, findin! accused ANT6N,6 P5ANA, E+FAR+6 PERAGRA, RENE )A5+E>EA and
R,C*AR+ BAN+AG !uilt% be%ond reasonable doubt of the comple$ crime of Rape ith *omicide as
defined and punished under Art. //# of the Revised Penal Code, as amended b% Rep. Act No. ='#(, 4ud!ment
is hereb% rendered sentencin! them to suffer the supreme penalt% of +EAT* and, li1eise, orderin! them to
pa% 4ointl% and severall% the heirs of the victim, *elen Perote, tent% five thousand pesos ?P2#,......@ as
actual dama!es and fift% thousand pesos ?P#.,......@ as civil liabilit%.
)6 6R+ERE+./.
,n their appeal brief, accused-appellants assail their conviction alle!in! that the trial court committed the folloin!
errors-
a. The trial court erred in not appreciatin! the defense of alibi<denial put up b% the appellants the% had nothin!
to do ith the commission of the crime as their testimonies and their itnesses, individuall% and collectivel%
ta1en to!ether, shoed ith clarit% and be%ond doubt the% ere not at the scene of the crime and did not
commit the offenses char!ed.
b. The trial court erred in not censurin! the actuation of the police authorities in detainin! appellants ithout
benefit of Court filed information nor 4udicial order of detention as ell as violation of their constitutional
ri!hts durin! their so-called custodial invitation and interro!ation.
c. The trial court erred in not appreciating the inconsistencies and inherent ea1nesses<improbabilities of the
testimonies of prosecution0s itness hich shoed tons of doubt of appellant0s !uilt entitlin! them to
acEuittal./"
Accused-appellants vi!orousl% den% that the% committed the rape and 1illin! of *elen. The% maintain that their
testimonies, ta1en to!ether ith that of the other defense itnesses, sho that the% ere not at the scene of the crime.
,n other ords, the% fault the trial court for not !ivin! credence to their defense of alibi. Corollaril%, the% point out the
alle!ed inconsistencies and improbabilities in the testimonies of the itnesses for the prosecution. Accused-appellants
li1eise denounce as violative of their constitutional ri!hts their detention ithout, at the time, a 4udicial order or an
information filed in court.
After a careful revie of the evidence on record, the Court is constrained to affirm the 4ud!ment of conviction of
accused-appellants.
The first and last issues raised b% accused-appellants shall be addressed 4ointl% as the% both involve the assessment of
the itnesses0 credibilit%. ,t is ell-entrenched in this 4urisdiction that findin!s of the trial court on the credibilit% of
itnesses and their testimonies are entitled to the hi!hest respect and ill not be disturbed on appeal in absence of an%
clear shoin! that the trial court overloo1ed, misunderstood or misapplied some facts of circumstances of ei!ht and
substance hich ould have affected the result of the case. The trial court is in a better position to decide the Euestion
of credibilit%, havin! seen and heard the itnesses themselves and observed their behavior and manner of testif%in!./2
,n this case, the trial court correctl% !ave credence to the positive identification of accused-appellants as the assailants
of *elen b% :eli$ 5a!ud. *is testimon% as strai!htforard, direct and consistent-
PCB5,C PR6)ECCT6R-
D Mr. 5a!ud, here ere %ou at about ".-/. o0cloc1 in the mornin! on )eptember 2/, "((&H
A , as al1in! at the feeder road of baran!a% Cobe, +umarao, Capi3.
D Ahere ere %ou headed toH
A Foin! home to Poblacion ,laod.
D And this Poblacion ,laod is also of +umarao, Capi3H
A Ges, sir.
D Ahere have %ou beenH
A , came from Alipas%aan, +umarao, Capi3, visitin! m% farm.
D This Alipas%aan is also of +umarao, Capi3H
A Ges, sir.
D Ahile al1in! in baran!a% road of Baran!a% Cobe, +umarao, Capi3, as there an%thin! unusual that
attracted or called %our attentionH
A Ges, ma0m.
D Ahat as the unusual incident that called %our attentionH
A , sa that as if there ere restlin!.
D 6n hich part of the baran!a% road here %ou ere al1in! that %ou sa there seems to be restlin!
personsH
A 6n m% left side.
D No, ho far ere %ou from the ver% spot here %ou sa there seems to be restlin! personsH
A #. meters. About #. meters.
D No, hen %ou sa this hat did %ou doH
A , came near so that , could see it clearl%.
D *o near did %ou approached that spot, Mr. AitnessH
A About tent% ?2.@ meters.
D No, upon reachin! that distance from the spot here %ou said %ou sa persons ho seems to be
restlin! hat did %ou seeH
A , sa three ?/@ persons holdin! the one ho is bein! raped and one person as on the top of the !irl.
D No, did %ou reco!ni3ed these three ?/@ persons hom %ou sa ere holdin! the victimH
A Ges, sir.
D Aho ere these three ?/@ persons holdin! still the victimH
A Antonio Plana, Ed!ardo Pera%ra and Rene )aldevea.
D No, before that incident that %ou sa have %ou alread% 1non these three ?/@ persons %ou have
identified ho have been holdin! the !irl, one of them as actuall% rapin! I
ATTG. BARRERA-
, ob4ect to the term actual rapin!. There is still no proof that there as an% rape, as holdin! the !irl
onl%. *e has not %et !iven testimon% involvin! rape.
C6CRT-
Aitness ma% anser.
A These three ?/@ persons , have alread% 1non them because e have !one to!ether in a drin1in!
session and , also passed b% Cobe.
PCB5,C PR6)ECCT6R-
D No, if these ?/@ persons are inside the courtroom, ill %ou please !o don from the itness stand
and tap the should of these three ?/@H
ATTG. BARRERA-
, reEuest as he taps each of them he should mention the name.
A ?Aitness came don from the itness stand and tapped the shoulder of Antonio Plana, ne$t as Rene
)aldevea and another persons he named as Ed!ardo Pera%ra.
PCB5,C PR6)ECCT6R C6NT,NC,NF-
D No, hat else did %ou seeH
A The first, at first , sa the three persons holdin! the victim and the other one is on top of the victim.
5ater, , sa that the one ho is on top of the !irl raised his hand and stabbed the victim.
D No, hat happened after %ou sa that the one on top of the victim stabbed the victimH
A Because , as afraid, , ran aa% because the% mi!ht also see me.
D No, here did %ou proceed after %ou !ot fri!htened of hat %ou saH
A Foin! home to Poblacion ,laod, +umarao, Capi3.
D Aere %ou able to immediatel% !o homeH
A , as not able to !o home because hen , passed b% the house of Porferio *a!uisan, he sa me and
he invited me because it as their Mila!rosa.
D *o lon! did %ou sta% in the house of %our Compare PorferioH
A , sta%ed there lon!. , ent home alread% 2-.. o0cloc1.
$$$ $$$ $$$
PCB5,C PR6)ECCT6R-
D No, hat did %ou do hen %ou heard that a person as found there a dead person as found in that
ver% place here %ou sa the accused on )eptember 2/, "((&, holdin! and rapin!H
A , ent to the Municipal *all because , also heard that the accused ere apprehended and , ent there
and , sa and reco!ni3ed them.
C6CRT-
D Gou mean to tell us Mr. Aitness that on )eptember 2', "((&, hen the dead bod% as found in the
feeder road of Cobe, %ou ent to the Municipal *all because the accused as arrested, is that hat %ou
meanH
A Ges, sir.
PCB5,C PR6)ECCT6R-
D Ahat time have %ou !one to the Municipal *allH
A Noon time.
D No, ho as the dead person that as found in that spotH
A *elen Perote.
D Ahen this victim as still alive, have %ou an% occasion to 1no herH
A Ges, , 1no her.
D No, ho about the fourth man ho as on top of the !irl and hom %ou sa also stabbed the !irl on
the mornin! of )eptember 2/, "((&, did %ou reco!ni3e himH
A 6n that incident , do not 1no him but hen , sa him at the Municipal *all , 1no him because
the% ere also to!ether.
D And did %ou 1no ho this fourth man as hen %ou ent to the Municipal *allH
A Ges, sir, Richard Banda%.
D ,f he is inside the courtroom ill %ou please !o don from the itness stand and tap the shoulder of
Richard Banda%H
A ?Aitness ent don from the itness stand and tapped the shoulder of a person ho, hen as1ed
ansered his name as Richard Banda%@.//
5a!ud remained unaverin! and consistent even hen he as under the !ruelin! cross-e$amination b% accused-
appellants0 counsel-
ATTG. BARRERA-
D At that distance of #. meters as %ou said from the place here %ou sa persons as if restlin! there
as no obstruction to %our vieH
A There ere !rasses and trees not so tall.
D No, ould %ou a!ree ith me that the place, , ithdra that. The place here %ou ere and the area
here %ou sa persons as if restlin! hich is the elevated portionH
A 6n the place here , as.
D )o, %our portion bein! elevated %ou ould a!ree ith me that %ou can see the place here there are
persons appearin! to be restlin! because it as at the loer portion am , correctH
A Not so clear because there ere !rasses and that is h% , ent near.
D *o ere %ou able to identif% the three ?/@ persons, namel%, Plana, )aldevea and Pera%raH
A Ahen , came near that is the time that , reco!ni3ed them.
D No, %ou said that %ou came nearer to the place here persons ere restlin! and %ou said %ou ere
2. meters from them but hen measured it as actuall% "2 meters. The Euestion is, h% did %ou approach the
place here %ou sa persons restlin!H
A , ent near so that it ould be clear to me and , can reco!ni3e and confirm as to hat the% are doin!.
D Gou ant to tell the Court that it as out of curiosit% that %ou approached the area here %ou sa
persons appearin! to be restlin!H
A Ges, that is hat , plan.
D Gou ere not afraid instead %ou ere curious isn0t itH
A , as afraid that is h% hen , ent near , also crouched.
D 9ust anser m% Euestion. Aere %ou afraid or %ou ere curious that is h% %ou approached the place
here persons appeared to be restlin!.
C6CRT-
CompaJero, if %ou have an% correction 4ust ma1e a manifestation, 4ust ma1e it formal.
ATTG. BARRERA-
, am sorr%, %our honor.
C6CRT-
Proceed.
A 9ust for curiosit% sa1e.
ATTG. BARRERA-
D No, at a distance of "2 meters %ou reco!ni3ed three ?/@ persons holdin! the arms and le! of the one
l%in! and another person on top of the oman l%in! is that itH
A Ges, sir.
D And at that distance of "2 meters %ou identified the three persons as the herein accused, Plana,
Pera%ra, and )aldevea hom %ou met accordin! to %ou for three times at the store of Antonio Mendo3a, is
that correctH
A Ges, sir.
D No, "2 meters distance from the place here %ou ere sittin! up to the place here %ou pointed at is
the area here %ou identified the accused holdin! and another one on top of the person l%in!, there as no
obstruction from the area from the place here %ou ere to the area here %ou saH
A ,t as clear because it as near.
D As a matter of fact the onl% ve!etation %ou can find in the premises from here %ou ere meters aa%
from the area here %ou sa hat %ou are tellin! this Court as !reen !rassH
A Ges, sir. )hort !rasses.
D And %ou identified onl% three persons holdin! not the one l%in!, %ou said it as Plana, Pera%ra and
)aldevea, and %ou do not 1no the person on top of the person l%in!, ho as covered on top b% a man, as
he a man or a omanH
A , thin1 it as a !irl because , heard voices li1e that of a oman.
D Gou thin1 it as a !irl. At a distance of "2 meters and %ou said it as clear to %our vie can %ou not
identif% the person l%in! and covered b% one on top of as a omanH
A ,t is not clear because it as covered b% a person on top.
D +efinitel%, %ou told the Court %ou do not 1no ho as the person on top of the one l%in!, am ,
correct at that ver% momentH
A Ges, sir.,
PCB5,C PR6)ECCT6R-
Gour honor, the translation is , did not %et 1no him.
ATTG. BARRERA-
D Ahat part of his bod% that person ho as on top %ou saH
A :rom his head to his bac1.
D Gou did not see his faceH
A No, sir.
D Ahat as he actuall% doin! hen %ou sa him for the first timeH
A *e as on top of the !irl.
PCB5,C PR6)ECCT6R-
There is a continuation, %our honor, he said Bna!aB.
A *e as on top of the !irl and he as I
C6CRT-
*e as hatH Gou sa% itH
A *e is forcin! that his ill penetrate.
D Ahat as that he anted to have it penetratedH
A *is or!an.
D +id the Court !et %ou ri!ht that %ou said %ou sa I %ou set properl%. Ma1e it of record that itness
has been uneas% hen bein! cross-e$amined. +on0t ma1e an% undesirable I %ou sit properl%. No, did the
Court !et %ou ri!ht that the man hom %ou sa at the top of the person l%in! as turnin! his bac1 toards
%ouH
A , sa his head and bac1 and he as not on the bac1 vie but side vie.
PCB5,C PR6)ECCT6R-
Ma% , interpret. And his bac1 as not actuall% a!ainst me but he as somehat side vie position
upon me.
C6CRT-
D +id he have his clothes on hen he as on top of the person l%in!H
A No, sir.
D Gou mean to tell us that he as na1ed throu!houtH
A *is pants as loered don.
D Aas he na1ed upH
A Ges, sir.
D At that distance can %ou see his or!anH
A , cannot see but as if he is tr%in! to force because his bac1 as also movin!.
D )o actuall% %ou did not see his or!an that he as tr%in! to have it penetratedH
A No, sir.
D +id %ou see the or!an of that oman l%in! donH
A No, sir.
ATTG. BARRERA-
D No, so, did the man on top of that oman I person l%in! hom %ou said as a !irl had her pants
%ou said loered up to hereH
A Cp to about his 1nees.
D And the oman at the time %ou said the man as tr%in! to force his or!an penetrate that of a person
l%in! as that person l%in! stru!!lin! or hat as that person l%in! doin!H
A )he as stru!!lin! and she as held b% three persons.
D Alri!ht, tell us, %ou identified Antonio Plana hat as he holdin! at that moment %ou said %ou saH
A The ri!ht foot of the !irl.
D *o about Pera%raH
A 6n the left foot.
PCB5,C PR6)ECCT6R-
, thin1 not, foot, it is the le! ?itness indicatin! a little above the an1le@.
A 5eft loer part of the le!.
ATTG. BARRERA-
D And Rene )aldevea, hat part as he holdin!, if an% accordin! to %ouH
A To ?2@ hands ?itness raisin! his to hands above his head closed to!ether@.
D And at that position as %ou described none of the four ?&@ persons includin! the three %ou identified
covered the mouth of the person l%in!H
A , cannot tell because , cannot see.
D Gou mean at a distance of "2 meters %ou cannot see if the mouth of the person l%in! as covered or
notH
A , cannot see because she as covered b% the person l%in! on top of her.
D Gou have not heard an% sound or voice emanatin! from the person l%in!H
A , heard voices but it as not clear.
D No, that voices %ou heard hat ere the nature of those voicesH
A As if pleadin!.
D Gou anted to tell us that the voice %ou heard as the cr%in! or moanin! or I
PCB5,C PR6)ECCT6R-
Gour honor, the itness has alread% described the nature of the voices as if pleadin!.
ATTG. BARRERA-
, am tr%in! to clarif% hat I as it moanin!, cr%in! or sa%in! somethin! vocal.
A Cr%in!.
D Gou did not hear an% ord bein! utteredH
A The ords as ?sic@ not clear.
D No, the person l%in! ?ho is@ hose pleadin! %ou heard as she movin! or as she movin! her
bod% or an% part of her bod%H
A )he as movin! but she as held b% three persons.
D No, %ou said that the person on top of that oman l%in! has his pants loered up to his 1nee, on the
other hand, the person l%in! did %ou see if she as totall% na1ed or she had somethin! on or %ou have not
seen itH
A 6n his top as na1ed but her pants as loered on the left le!. The pants as alread% ta1en on the
ri!ht le!, the pants as not ta1en off.
D )o that the person l%in! as not totall% na1ed at the time %ou sa itH
A As to her bod% she as na1ed but onl% the pants on the ri!ht side as not ta1en off.
D )o at the moment because the upper part of the bod% had no clothes e$cept portion of the ri!ht le! that
still retains the pants %ou ould 1no that it as a oman l%in! on the !round is that itH
A Ges, sir.
D And at that point of time hile the three accused, Plana, Pera%ra, and )aldevea ere holdin! the hands
of the !irl and the other one on to of her, can %ou tell this Court if these four ?&@ persons hile doin! those
thin!s as %ou described ere conversin! or uttered an% ordH
A , heard voices but it as not clear.
D Gou mean %ou heard voices bein! made b% persons %ou saH
A Ges, sir.
D And %ou ould li1e to tell the Court that at a distance of "2 meters from here %ou ere %ou never
heard audibl% the ords comin! from their voicesH
A , cannot understand because their voices ere lo.
D Aere the% lau!hin!H
A , have not noticed.
D )o, %ou did not notice if the% ere lau!hin!H
A No, sir.
D Gou did not hear if the% ere shoutin! at one anotherH
A No, sir.
D Gou did not hear an% of them sa%in! !o ahead, e follo alsoH
A No, sir.
D No, and later %ou said %ou sa a person on top of that !irl pulled a 1nife and stabbed that person
l%in! hom %ou said as a !irl is that itH
A Ges, sir.
D Considerin! that that person on top of that victim had dress over and had his pants on top of his 1nee
ho did he stabbed that victim hom %ou said as a omanH
A , noticed that but , do not 1no here he !et ?sic@ the 1nife but , noticed that he 4ust raised his hand.
D Not one of the three ?/@ hom %ou identified !ave him the 1nife e$cept that %ou onl% sa that person
on top of that oman all of a sudden havin! a 1nife and stabbin! is that itH
A Ges, sir.
D No, is that person on top of the oman stabbin! that oman did %ou hear an% or uttered b% that man
stabbin! that omanH
A , did not notice the ords he uttered.
PCB5,C PR6)ECCT6R-
Gour honor, there is a continuation on the anser, , did not notice if he uttered an% ord because
immediatel% , ran aa%.
ATTG. BARRERA-
An%a%, let it sta% in the record.
C6CRT-
Proceed.
ATTG. BARRERA-
D B% the a%, ho man% times ?did@ %ou sa that man on top of the oman stabbed that omanH
A That as the first time hen he raised his hand and stabbed her then , ran aa%.
D And so, %ou did not notice him ho man% times that person stabbed the omanH
A No, sir.
D At the time she as stabbed did %ou hear an% voice bein! uttered.
A , heard as if there as a sound li1e a moan then , ran aa%./&
The testimon% of 5a!ud positivel% identif%in! accused-appellants as the perpetrators of the dastardl% crime as
corroborated in its material points b% the testimonies of the other prosecution itnesses. The prosecution had
sufficientl% established that accused-appellants ere to!ether and ere drin1in! liEuor at the earl% mornin! of
)eptember 2/, "((&K 5a!ud sa them alon! the feeder road in Baran!a% Cobe rapin! a !irl and later one of them
stabbed herK Bustamante sa them boisterousl% lau!hin! near the fishpond here the bod% of *elen as foundK
Rafael confirmed that *elen too1 that route on the a% to their sister0s house for the Bmila!rosaKB Rafael met accused-
appellants, ho ere all drun1, alon! the feeder road hile she as on her a% to her sister0s house andK hen it as
found on )eptember 2', "((&, *elen0s bod% had alread% been lifeless for more than sevent%-to hours.
,n li!ht of the positive identification and the other stron! corroborative evidence, the trial court properl% !ave scant
consideration to accused-appellants0 defense of denial and alibi. Alibi is concededl% one of the ea1est defenses in
criminal cases. ,t cannot prevail over, and is orthless in the face of, positive identification b% credible itnesses that
the accused perpetrated the crime./#
Aside from accused-appellants ho e$pectedl% !ave self-servin! testimonies, the defense presented other itnesses,
mainl% relatives of accused-appellants, to establish that the% ere not at the scene of the crime at the time of its
commission. Cnfortunatel%, alibi becomes less plausible hen it is corroborated b% friends and relatives ho ma%
then not be impartial itnesses./' 6n the other hand, the defense failed to impute an% ill motive on the part of the
prosecution itnesses to testif% falsel% a!ainst accused-appellants.
Moreover, accused-appellants0 defense of alibi cannot be !iven credence considerin! that the% themselves admit their
pro$imit% to the scene of the crime at the time that it occurred. Accused-appellants Plana and Banda% claimed that
the% ere at the time at the house of accused-appellant Plana0s relatives in Baran!a% Cobe. Accused-appellants
)aldevea and Pera%ra insisted that the% ere then in the house of Monina )aldevea in Baran!a% Cobe. ,t must be
noted that the rape and 1illin! of *elen as committed in the feeder road also in Baran!a% Cobe.
:or alibi to prosper, the folloin! must be established- ?a@ the presence of accused-appellant in another place at the
time of the commission of the offense andK ?b@ ph%sical impossibilit% for him to be at the scene of the
crime./=Accused-appellants miserabl% failed to satisf% these reEuisites. Considerin! that the% admit that the% ere all
in Baran!a% Cobe, here *elen as raped and subseEuentl% 1illed, it cannot be said that it as ph%sicall% impossible
for them to have committed the crime.
Accused-appellants tried to discredit 5a!ud b% ma1in! much of the fact that he did not immediatel% disclose hat he
itnessed to the authorities. This contention hardl% destro%s the testimon% of 5a!ud and his credibilit% as a itness.
As 5a!ud e$plained on cross-e$amination, he as afraid that accused-appellants ould harm him had the% 1non
that he sa them commit the crime./; Besides, as consistentl% held b% this Court, there is no standard form of the
human behavioral response to a startlin! or fri!htful e$perience and dela% in brin!in! up the matter to the authorities
do not destro% the veracit% and credibilit% of the testimon% offered. The Court ta1es 4udicial notice of some people0s
reluctance to be involved in criminal trials. :ailure to volunteer hat one 1nos to la enforcement officials does not
necessaril% impair a itness0 credibilit%./(
,n obvious attempt to evade the capital penalt% of death, accused-appellants opine that !rantin! ar!uendo that the% are
!uilt% of an% crime, the crime is onl% murder because the rape of *elen alle!edl% had not been sufficientl%
established. This ar!ument is untenable. The evidence on record indubitabl% establish that, hile the other accused-
appellants forcibl% held *elen, accused-appellant Banda% had carnal 1noled!e of her. Thereafter, the% 1illed her.
5a!ud cate!oricall% testified on this fact.&. The findin!s of the medico-le!al corroborate 5a!ud0s testimon%, thus-
D ,n entr% No. "&, va!ina, introitus can easil% insert 2 fin!ers<*%men ith lacerations / and ( o0cloc1
?old laceration@ and on the state of decomposition. ,n that state of decomposition of the victim ho ere %ou
able to determine the laceration of the h%men of the said victimH
A Actuall%, hat , did , as1ed help from the oner of the :uneral *omes to spread the thi!h of the
victim so that , can easil% see the inside of the va!ina. Cpon openin!, , can easil% insert m% to fin!ers
because of that , tried to spread the va!inal canal , sa three ?/@ lacerations, , have also seen blood clottin! in
that area but one reason that , can easil% insert ma% to ?2@ fin!ers is because the victim as alread% in the
state of decomposition.
$$$ $$$ $$$
D +octor, %ou said it could have been caused b% the laceration that %ou found hich is '$(, in hat or
hat could have caused the va!inal lacerationH
A ,n the va!ina, the laceration in the h%men is caused onl% b% se$ual intercourse. ,f the female is a
vir!in, it could have been caused b% se$ual intercourse.&"
,n fine, accused-appellants0 !uilt for the crime of rape ith homicide had been proved be%ond reasonable doubt in this
case. :urther, the trial court ri!htl% appreciated the e$istence of conspirac% amon! the accused-appellants. Their
individual acts, ta1en as a hole, revealed that the% shared a common desi!n to rape and 1ill *elen. The% acted in
unison and cooperation to achieve the same unlaful ob4ective.&2 The principle that the act of one is the act of all is
applicable to accused-appellants in this case.
Aith respect to the second issue raised b% accused-appellants, i.e., the% ere detained ithout 4udicial order and prior
to the filin! of the information, suffice it to sa%, that the% alread% aived their ri!ht to Euestion the irre!ularit%, if an%,
in their arrest.&/ Accused-appellants respectivel% entered a plea of Bnot !uilt%B at their arrai!nment.&& B% so pleadin!,
the% submitted to the 4urisdiction of the trial court, thereb% curin! an% defect in their arrest, for the le!alit% of an arrest
affects onl% the 4urisdiction of the court over their persons.&#
Article //# of the Revised Penal Code, as amended b% Republic Act No. ='#(, reads-
Art. //# Ahen and ho rape is committed. I Rape is committed b% havin! carnal 1noled!e of a oman
under an% of the folloin! circumstances-
". B% usin! force and intimidationK
2. . . .K
/. . . . .
$$$ $$$ $$$
Ahe% b% reason or on occasion of the rape, a homicide is committed, the penalt% shall be death.
$$$ $$$ $$$
Accused-appellants0 !uilt for the crime of rape ith homicide havin! been established be%ond reasonable doubt, the
imposition of the penalt% of death upon them is arranted. :our members of the Court maintain their position that
Republic Act No. ='#(, insofar as it prescribes the death penalt%, is unconstitutionalK nevertheless the% submit to the
rulin! of the Court, b% ma4orit% vote, that the la is constitutional and the death penalt% should be accordin!l%
imposed.
*oever, there is need to modif% the dama!es aarded to the heirs of *elen b% the trial court. ,n addition to the sum
of P2#,...... as actual dama!es, the trial court aarded to the heirs of *elen the sum of P#.,...... as civil
indemnit%. This amount should be increased in consonance ith prevailin! 4urisprudence &' fi$in! the civil indemnit%
in cases of rape ith homicide at P"..,....... The Court, li1eise, finds it proper to aard the sum of P#.,...... as
moral dama!es. The aard of moral dama!es ma% be made to the heirs of the victim in a criminal proceedin! ithout
need of proof. The fact that the% suffered the trauma of mental or ph%sical and ps%cholo!ical sufferin!s hich
constitute the basis for moral dama!es under the Civil Code are too obvious to still reEuire recital thereof at trial.&=
A*ERE:6RE, the decision of the Re!ional Trial Court, Branch "#, Ro$as Cit% findin! accused-appellants Antonio
Plana, Ed!ardo Pera%ra, Rene )aldevea and Richard Banda%, !uilt% of Rape ith *omicide under Article //# of the
Revised Penal Code, as amended b% Republic act No. ='#(, and imposin! upon them the supreme penalt% of +eath is
A::,RME+ ith the M6+,:,CAT,6N that said accused-appellants are hereb% ordered, 4ointl% and severall%, to pa%
the heirs of *elen Perote the amounts of P"..,...... as civil indemnit%, P#.,...... as moral dama!es and
P2#,...... as actual dama!es.
5et the records of this case be forarded to the 6ffice of the President upon finalit% of this decision for possible
e$ercise of e$ecutive clemenc% in accordance ith Article ;/ of the Revised Penal Code, as amended b% )ection 2# of
Republic Act No. ='#(.
)6 6R+ERE+.
Davide, Jr., C .J ., Bellosillo, Melo, Puno, Vitug, Kapunan, Mendoza, Panganiban, Quisumbing, Pardo, Buena,
Ynares!antiago, De "eon, Jr., #utierrez and Carpio, JJ ., concur.
Foo,(o,e#
" REC6R+), Criminal Case &'#(, p. ".
2 E$hibit BA.B
/ T)N, :ebruar% 2., "((#, pp. ""-2&.
& $d., p. 2'.
# T)N, March ;, "((#, pp. &-"=.
' $bid.
= )orn )tatement, dated )eptember 2=, "((&K E$hibit B,.B
; )ee Note ', pp. ', ;, "' and "=.
( T)N, March 22, "((#, pp. &-"2.
". $d., pp. "2-2..
"" T)N, April #, "((#, pp. #-"2.
"2 $d., pp. "&-"'.
"/ T)N, April #, "((#, pp. &#-#'.
"& $d., pp. '.-'/.
"# T)N, Testimon% of Romeo +ela Torre +ia3, April "(, pp. "&-"=.
"' T)N, Testimon% of 5inda Perote, April "(, "((#, p. &.
"= T)N, Testimon% of Antonio Plana, 9une /, "((', pp. /-"2K T)N, Testimon% of Richard Banda%, 9une "=,
"((', pp. 2=-/#K T)N, Testimon% of Ed!ardo Pera%ra, 9ul% ", "((', pp. "(-2; andK T)N, Testimon% of Rene
)aldevea, 9ul% (, "((', pp. 2-'.
"; T)N, Testimon% of Antonio Plana, 9une /, "((', pp. "2-"=K T)N, Testimon% of Richard Banda%, 9une "=,
"((', pp. /'-&".
"( T)N, Testimon% of Ed!ardo Pera%ra, 9ul% ", "((', pp. 2;-/"K T)N, Testimon% of Rene )aldevea, 9ul% (,
"(((, pp. '-=.
2. T)N, 9une /, "((', pp. ";-2&.
2" T)N, 9ul% ", "((', pp. //-/;.
22 T)N, 9une "=, "((', pp. &2-&(.
2/ T)N, :ebruar% "2, "((', pp. &-"".
2& T)N, :ebruar% 2', "((', pp. "&-";.
2# T)N, March &, "((', pp. /-"/.
2' T)N, March &, "((', pp. /2-/&.
2= T)N, April 2(, "((', pp. =-"#.
2; T)N, April 2(, "((', pp. /.-/#.
2( T)N, 9ul% 2&, "((', p. /.
/. Rollo, p. &(.
/" Brief for Accused-appellants, pp. 2-/K Rollo, pp. ;2-;/. Cnderscorin! in the ori!inal.
/2 People vs. Mittu, /// )CRA "2" ?2...@K People vs. %ndres, 2(' )CRA /"; ?"((;@.
// T)N, March ;, "((#, pp. &-(.
/& $d., pp. /=-#=.
/# People vs. &ompong and #uma'a, F.R. No. "//"("-(/, "" 9ul% 2..., pp. "&-"#K People vs. Bracamonte,
2#= )CRA &;( ?"(('@.
/' People vs. %gomoo, //& )CRA 2=( ?2...@K People vs. %raneta, /.. )CRA ;. ?"((;@.
/= ,d.K People vs. !umalde, /2; )CRA /=& ?2...@.
/; )ee Note /&, p. '#.
/( People vs. !alonga et al., /2( )CRA &'; ?2...@K People vs. De "eon, 2&; )CRA '.( ?"((#@.
&. )ee Notes # and '-
$$$ $$$ $$$
D No upon reachin! that distance from the spot here %ou said %ou sa persons ho seems to be
restlin! hat did %ou seeH
A , sa three ?/@ persons holdin! the one ho is bein! raped and one person as on the top of the
!irl.
$$$ $$$ $$$
D +id he have his clothes on hen he as on top of the person l%in!H
A No, sir.
D Gou mean to tell us that he as na1ed throu!houtH
A *is pants as loered don.
D Aas he na1ed upH
A Ges, sir.
D At that distance can %ou see his or!anH
A , cannot see but as if he is tr%in! to force because his bac1 as also movin!.
D )o actuall% %ou did not see his or!an that he as tr%in! to have it penetratedH
A No, sir.
D +id %ou see the or!an of that oman l%in! donH
A No, sir.
ATTG. BARRERA-
D No, so did the man on top of that oman I person l%in! hom %ou said as a !irl had her
pants %ou said loered up to hereH
A Cp to about his 1nees.
D And the oman at the time %ou said the man as tr%in! to force his or!an penetrate that of a
person l%in! as that person l%in! stru!!lin! or hat as that person l%in! doin!H
A )he as stru!!lin! and she as held b% the three persons.
&" )ee Note /, pp. 2&-2=.
&2 People vs. "agarto, /2' )CRA '(/ ?2...@K People vs. !umalpong, 2;& )CRA 22( ?"((;@.
&/ $d.K People vs. (itc)a, 2&. )CRA 2;/ ?"((#@.
&& 6rder, :ebruar% (, "((#K Records, p. (#.
&# Note &2K People vs. (azareno, 2'. )CRA 2#' ?"(('@.
&' $d.K People vs. !alonga, supra.K People vs. &a)op, /"# )CRA &'# ?"(((@.
&= People vs. Ballenas, //. )CRA #"( ?2...@K People vs. *obles, /.# )CRA 2=/ ?"(((@.
The 5aphil Pro4ect - Arellano 5a :oundation