GR 41248; (September, 1934) (Digest)
G.R. No. 41248; September 14, 1934
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. MARCELINO COLLADO (alias NINOY), defendant-appellant.
FACTS
The accused, Marcelino Collado, entered the house of Paula Bautista in Bacnotan, La Union, on the pretext of asking for a glass of water. Finding her alone with her sleeping child, he suddenly embraced and kissed her, and caught hold of her breasts. When she resisted, he threatened to kill her with a dagger. She bit him on the chest, cried for help, and grabbed a bolo. A struggle ensued until Crispulo Ariola arrived. The accused then jumped from the house and fled. The trial court convicted him of acts of lasciviousness.
ISSUE
Whether the trial court erred in convicting the accused and in not considering his defense that the crime was improbable due to the proximity of other persons.
RULING
The Supreme Court affirmed the conviction but modified the penalty. It held that the proximity of other persons did not make the crime improbable, as the accused likely believed the victim would not resist or cry out. The Court found the victim’s testimony credible and the defense witnesses’ claims unconvincing. The crime constituted acts of lasciviousness under Article 336 of the Revised Penal Code. The aggravating circumstance of dwelling was proven at trial and should be considered in imposing the penalty, even if not alleged in the information, following United States vs. Campo. The penalty was increased to an indeterminate sentence of six months of arresto mayor to four years, two months and one day of prision correccional.
AI Generated by Armztrong.