GR 128851; (February, 2001) (Digest)
G.R. No. 128851 -56 February 19, 2001
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. RUSSEL MURILLO y CARLA, RESTITUTO CABLAYAN y CADIENTE and MARLON LOGAN y ILARDE, accused-appellants.
FACTS
The accused-appellants, Russel Murillo (a traffic aide), Restituto Cablayan, and Marlon Logan (both police officers), were charged with six counts of rape against Eulogia G. Jimenez. The complainant was detained at the Valenzuela Police Station in September 1995 for BP 22 violations. On the evening of September 13, while alone in the warrant section office, the three accused entered. They used force, intimidation, and a firearm to subdue her. Over several hours, each accused raped her multiple times, ignoring her pleas that she was pregnant. She reported the incident the next morning and later identified the accused in police line-ups conducted by the NBI. The trial court convicted them of three counts of rape, imposing the death penalty, and acquitted them of three other counts due to insufficient evidence.
ISSUE
Whether the guilt of the accused-appellants for the crime of rape was proven beyond reasonable doubt.
RULING
Yes, the Supreme Court affirmed the convictions but modified the penalty. The Court found the complainant’s testimony credible, straightforward, and consistent. Her detailed account of the harrowing assault, including the specific actions of each accused and their threats, was deemed sufficient to establish the fact of rape. The defense of alibi proffered by the accused was weak and could not prevail over her positive identification. The Court ruled that the elements of rape through force and intimidation were conclusively established. However, the death penalty was reduced to reclusion perpetua for each of the three counts. The trial court erroneously appreciated the aggravating circumstances of the victim being under police custody and the offense being committed by a public officer. These must be specifically alleged in the information to be appreciated, which was not done. With no aggravating circumstances, the proper penalty is reclusion perpetua. The award of P50,000.00 as civil indemnity for each count was sustained, with solidary liability among the accused-appellants.