GR 124933; (October, 1997) (Digest)
G.R. No. 124933 September 25, 1997
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JURRY ANDAL y MERCADO, RICARDO ANDAL y MERCADO, AND EDWIN MENDOZA, accused-appellants.
FACTS
Accused-appellants Jurry Andal, Ricardo Andal, and Edwin Mendoza were charged with Rape with Homicide and Robbery. The prosecution evidence established that on July 4, 1994, the victim, Nancy Siscar, a teacher, and her mother were whistled at and mockingly laughed at by the three accused while on their way to school. On July 6, 1994, between 6:00 and 7:00 a.m., eyewitness Olimpio Corrales saw Jurry Andal punch Nancy Siscar in the abdomen, causing her to fall. Jurry then carried her to a forest, while Ricardo and Edwin picked up her belongings and followed. Corrales later reported the incident and was threatened by the accused not to tell anyone. Nancy’s lifeless, nude body was found in a creek, with her half-slip twisted around her neck. An autopsy confirmed she was sexually abused by more than one person and died from asphyxia by strangulation. Her wristwatch, earrings, and cash were missing. Upon arrest, half of an earring was found in Jurry Andal’s pocket, which was identified as belonging to the victim. The defense relied on denial and alibi, claiming they were elsewhere at the time and that the eyewitness testimony was motivated by personal grudges.
ISSUE
Whether the accused-appellants are guilty beyond reasonable doubt of the crimes of Rape with Homicide and Robbery.
RULING
The Supreme Court AFFIRMED the decision of the Regional Trial Court, finding accused-appellants guilty beyond reasonable doubt of Rape with Homicide and Robbery. The defense of denial and alibi was rejected as it was not physically impossible for the accused to be at the crime scene, and their identities were positively established by the eyewitness. The Court found the eyewitness testimony credible and corroborated by physical evidence, including the earring found on Jurry Andal. The award of moral damages was reduced to P50,000.00, while the awards of P50,000.00 as indemnity for death and P74,470.50 as actual expenses were upheld. The penalty for Rape with Homicide was affirmed as death, with two members voting for its reduction to reclusion perpetua.