GR L 61663; (November, 1982) (Digest)
G.R. No. L-61663 November 15, 1982
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. WILFREDO L. REGLOS, ANASTACIO L. BROZO and ANTONIO B. FULLON, defendants.
FACTS
An amended information for robbery with rape was filed against Wilfredo Reglos, Anastacio Brozo, and Antonio Fullon. After trial, the Court of First Instance of Batangas acquitted them of robbery but convicted each of the crime of rape. The trial court imposed an indeterminate penalty, which was erroneous as rape under Article 335 of the Revised Penal Code is punishable by reclusion perpetua, to which the Indeterminate Sentence Law does not apply. Reglos and Brozo did not appeal. Fullon appealed to the Court of Appeals.
During the appeal, a procedural anomaly occurred as the trial court approved a Record on Appeal, which is unnecessary in criminal cases. Furthermore, the transcript of stenographic notes for a crucial hearing date was missing due to the stenographer’s death. The Court of Appeals ordered a re-taking of testimony, but the victim, Iris Mindanao, could not testify again due to her deteriorated mental condition. Fullon later filed a motion to withdraw his appeal, but the Court of Appeals proceeded to decide the case.
ISSUE
Whether the Court of Appeals correctly affirmed the conviction of appellant Antonio Fullon for rape.
RULING
Yes, the conviction is affirmed with a modification on the penalty. The Supreme Court upheld the factual findings of the trial court and the Court of Appeals. The testimony of the victim, Iris Mindanao, despite her schizophrenia, was found to be simple, direct, and convincing. The Court gave weight to the testimony of Dr. Florante Reyles, who stated that even a psychotic person can recall and testify about a traumatic experience like rape. The defense of general denial by Fullon could not prevail over this positive identification.
The claim that co-accused Reglos and Brozo did not implicate Fullon was irrelevant, as they were not state witnesses but co-conspirators with no incentive to exonerate him. The trial court correctly found that the three accused, acting in conspiracy, successively raped the victim. Consequently, each is liable for three counts of rape as co-conspirators. The Supreme Court modified the penalty, sentencing Fullon to three penalties of reclusion perpetua, correcting the trial court’s erroneous imposition of an indeterminate sentence. The judgment was affirmed with this sole modification.