GR 203313; (September, 2015) (Digest)
G.R. No. 203313, September 02, 2015
People of the Philippines, Plaintiff-Appellee, vs. Roberto Hidalgo, Don Juan Hidalgo and Michael Bombasi alias “Kabayan”(at large), Accused, Roberto Hidalgo, Accused-Appellant.
FACTS
Three Informations were filed against Roberto Hidalgo, his sixteen-year-old son Don Juan Hidalgo, and Michael Bombasi (at large) for three counts of rape against AAA, a thirteen-year-old house help of Roberto Hidalgo, allegedly committed on January 30, 2000, in Santa Fe, Leyte. The Informations alleged that the accused conspired and mutually helped one another, with each taking a turn having carnal knowledge of AAA after she was subdued, with her hands and mouth tied. Don Juan and Roberto were arraigned and pleaded not guilty; Bombasi remained at large. The Regional Trial Court found Roberto and Don Juan guilty of three counts of rape. It found conspiracy and several aggravating circumstances, sentencing Roberto to death for each count and Don Juan to reclusion perpetua for each count, considering his minority as a special mitigating circumstance. The Court of Appeals affirmed the convictions with modifications, finding the accused guilty of three counts of simple rape, sentencing Roberto to reclusion perpetua for each count, and applying the Juvenile Justice and Welfare Act to Don Juan, suspending his sentence. Only Roberto appealed, arguing the Court of Appeals erred in giving credence to AAA’s testimony and in finding conspiracy.
ISSUE
The issues raised by accused-appellant Roberto Hidalgo are whether the Court of Appeals erred in: (1) giving full faith and credence to the private complainant’s testimony; and (2) ruling that conspiracy was established and finding him liable for three counts of simple rape.
RULING
The Supreme Court dismissed the appeal for lack of merit. It held that the prosecution proved the elements of rape through force. AAA’s testimony was detailed and credible, describing how she was tied, threatened, and successively raped by Roberto, Bombasi, and Don Juan. The medico-legal report confirmed a hymenal laceration. The Court found conspiracy was established by the accused’s confederated acts of subduing AAA and taking turns raping her. The Court affirmed the penalties imposed by the Court of Appeals: Roberto Hidalgo is convicted of three counts of simple rape and sentenced to reclusion perpetua for each count. The Court also affirmed the disposition regarding Don Juan Hidalgo under the Juvenile Justice and Welfare Act.