GR 124299; (April, 2000) (Digest)
G.R. No. 124299 ; April 12, 2000
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. CESAR LACANIETA alias “Boy Alog”, JERRY BALLENAS alias “Marlon Marquez” and Carlito Gamad, accused, JERRY BALLENAS, accused-appellant.
FACTS
On March 20, 1987, accused-appellant Jerry Ballenas, armed with a gun, went to the house of 19-year-old Wilma Tayo and her mother Consorcia in Sibalom, Antique. Under the pretense of asking for a light, he blew out their gas lamp, pointed his firearm at them, and forcibly abducted Wilma at gunpoint despite her and her mother’s protests. Wilma’s body was discovered the next day, bearing signs of rape and multiple stab wounds. An Information for Forcible Abduction with Rape was filed against Ballenas and his co-accused. During trial, the prosecution presented Consorcia Tayo and another witness, while the defense consisted solely of Ballenas’s testimony. He claimed he merely escorted Wilma to meet her alleged boyfriend, co-accused Cesar Lacanieta, and denied any participation in the subsequent crimes.
ISSUE
Whether the prosecution proved beyond reasonable doubt the guilt of accused-appellant Jerry Ballenas for the complex crime of Forcible Abduction with Rape.
RULING
Yes, the Supreme Court affirmed the conviction. The Court found the testimony of Consorcia Tayo, an eyewitness to the abduction, to be clear, credible, and consistent. Her positive identification of Ballenas as the armed man who forcibly took her daughter was given full credence over the appellant’s denial and implausible alibi. The Court ruled that the forcible abduction was proven by the use of a gun, intimidation, and the taking of Wilma from her dwelling against her will. The subsequent rape was conclusively established by the medico-legal findings on the victim’s body. The crimes were held to constitute the special complex crime of forcible abduction with rape under Article 342 in relation to Article 335 of the Revised Penal Code, as the abduction was a separate act executed with lewd design preceding the rape. The aggravating circumstances of dwelling and abuse of superior strength were properly appreciated. The trial court’s decision was affirmed with modification to the awards of civil liability: P75,000.00 as civil indemnity, P50,000.00 as moral damages, and P20,000.00 as exemplary damages were imposed, while the award of actual damages was deleted for lack of sufficient evidence.