GR 139906; (March, 2003) (Digest)
G.R. No. 139906 ; March 5, 2003
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ANTHONY MANGUERA Y ALINGASTRE, accused-appellant.
FACTS
On the evening of February 25, 1996, in Barangay San Miguel, Sto. Tomas, Batangas, Lorna Reanzares was found by her brother, Romeo, lying naked and severely wounded in a coconut plantation. Before she died while being transported for medical aid, Lorna explicitly identified her assailant to her brother. She stated she was raped and stabbed, naming “Nognog” as the perpetrator. When pressed for his full identity, she answered, “Anthony Manguera.” The post-mortem examination confirmed rape and that death was caused by multiple stab wounds. The accused, Anthony Manguera, who was 15 years old at the time, was apprehended that same night. He interposed the defense of alibi, claiming he was at home attending to guests, including barangay officials.
ISSUE
Whether the trial court correctly convicted Anthony Manguera of the crime of rape with homicide based on the victim’s dying declaration and whether the imposition of the death penalty was proper given his age.
RULING
Yes, the conviction is affirmed but the penalty is modified. The Supreme Court upheld the admissibility and reliability of Lorna Reanzares’s statements as a dying declaration. The declaration was made under a consciousness of impending death, as she explicitly told her brother she could no longer endure her injuries. It clearly identified the appellant by his nickname and full name as her rapist and killer. This declaration, corroborated by the physical findings of rape and fatal wounds, constituted proof beyond reasonable doubt, rendering the defense of alibi weak and unavailing. However, the Court modified the penalty. Under Article 47 of the Revised Penal Code, as amended by Republic Act No. 7659 , the death penalty shall not be imposed when the guilty party is below 18 years of age at the time of the commission of the crime. Since it was established that Anthony Manguera was only 15 years old, the proper penalty is reclusion perpetua. The civil indemnity was set at P100,000.00, with moral damages of P50,000.00 and temperate damages of P25,000.00 in lieu of the partially proven funeral expenses.