EN BANC G.R. No. 147671
November 21, 2002
THE PEOPLE OF THE PHILIPPINES, plaintif-appellee, PHILIPPINES, plaintif-appellee, vs. RENANTE MENDEZ !" #A#$ %A#AGTONG, accused-appellant. %A#AGTONG, accused-appellant. DECISION MENDOZA, &.' This is an appeal ro ro the decision! o the "e#ional Trial Court, Branch $$, %aoan#, Northern Saar, &ndin# accused-appellants accused-appellants "enante 'ende( and "ene )Ba*+) Ca*a#ton# #uilt+ o the crie o rape ith hoicide and sentencin# each o the to death and to indeni+ the heirs o victi Cand+ Doli in the aount o !,. as daa#es. Because the record o this case is replete ith nuerous instances o procedural and evidentiar+ lapses, e are constrained to reverse the /ud#ent o the trial court and ac0uit accused-appellants on the *asis o reasona* reasona*le le dou*t. F()*' o
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"ico Doli is the ather o the victi. 1e testi&ed that, in the ornin# o Dece*er 2, !334, Cand+ Doli, then !5 +ears old, let their house to collect *ets on the BA endin# #aes ro the local residents. 6hen she did not return hoe that evenin#, "ico as7ed his ather A*rosio and his dau#hter 8in7+ to loo7 or Cand+, *ut the+ did not &nd her. On Dece*er !$, !334, ord reached "ico that a +oun# #irl as ound dead in Sitio Tinoto#asan. "ico iediatel+ ent to the place and ound the lieless *od+ o Cand+. Cand+. 1er pant+ and shorts ere han#in# ro an an7le, hile her shirt as rolled up to her throat. She had ounds in diferent parts o her *od+. "ico sou#ht the help o the police and Baran#a+ Captain edro 9o*a. 1avin# heard that a certain "onnie Ca*a#ton# as involved in the 7illin# o his dau#hter, "ico &led a coplaint a#ainst "onnie, ho as then investi#ated *+ the police. 6hile
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"onnie as under investi#ation at the police head0uarters, his other, Aurea Ca*a#ton#, cae to the station. She told "ico Doli that she 7ne hat actuall+ happened to Cand+ and ofered to *e a itness. Aurea Ca*a#ton# pointed to accusedappellants Ba*+ Ca*a#ton# and "enante 'ende( as the perpetrators o the crie. Accordin# to "onnie, he as a*out three eters aa+ hen he later sa accused-appellants. "enante 'ende( as on top o Cand+, havin# se:ual intercourse ith her, hile Ba*+ Ca*a#ton# as holdin# the victi;s hands. It as rainin# and there as no oonli#ht, *ut "onnie said he reco#ni(ed "enante and Ba*+ *ecause o a lantern hich illuinated the place. Accordin# to "onnie, he proceeded hoe and, at a*out 3 o;cloc7 that ni#ht, he heard soeone callin# ro the outside. It as accused-appellan accused-appellants ts "enante 'ende( and Ba*+ Ca*a#ton#. "onnie "onnie said he as7ed his other to let the to inside their house. 1e noticed that the+ had *loodstains on their shirts. 1e said the to ashed their clothes to reove the stains and later slept in his roo. The+ arned "onnie not to tell an+one a*out hat he sa or else the+ ould 7ill hi and his ail+. "onnie said that he and accused-appellants then ent to sleep. The ne:t ornin#, accused-appellants let.
On cross-e:aination, cross-e:aination, SO$ Cernio told the court that the arrest o accused-appellantt "enante 'ende( ithout a arrant as *ased accused-appellan on their 7noled#e o his #uilt. 1e claied that the+ had released accused-appellantt "enante 'ende( ro custod+, *ut he did not accused-appellan ant to leave *ecause he as araid o #ettin# involved in the case. 'a#no 'e/ica arrested "ene )Ba*+) Ca*a#ton#, also ithout a arrant, *ased on the citi(ens; arrest la. 'e/ica 7ne a*out the case *ecause he as ro Baran#a+ Bura*ud and a e*er o the Citi(ens; Crie 6atch and an NA surrenderee. The trial court ound the evidence evidence or the prosecution, prosecution, particularl+ the testionies o "onnie Ca*a#ton# and his other, credi*le and rendered /ud#ent or the prosecution. TRIAL %O+RT' 61E"E
#uilt+ o the ofense o "ape ith 1oicide *e+ond all reasona*le dou*t and here*+ sentences the to the supree penalt+ o DEAT1. DEAT 1. The accused are urther condened to indeni+ the heirs o the victi the aount o !,. each as daa#es. 1ence this appeal. I**e -1' 6ON the trial court erred in #ivin# ull credence to the inconsistent testionies o prosecution itnesses "onnie Ca*a#ton# and Aurea Ca*a#ton# es He/"' =es He/"' = R)o' pon closer e:aination, hoever, certain circustances a7e these testionies suspect. It is dou*tul hether "onnie reall+ sa accused-appella accused-appellant nt "enante 'ende( rapin# Cand+, ith the latter?s hands *ein# held *+ the other accused-appellant,, Ba*+ Ca*a#ton#. "onnie aditted that it as accused-appellant rainin# that evenin# and that it as dar7 as there as no oonli#ht. 1e claied, hoever, that he as nevertheless a*le to reco#ni(e accused-appellant "enante 'ende( and Ba*+ Ca*a#ton# *ecause o a li#ht ro a lantern @parol han#in# a*out &ve eters aa+ ro the trail here the crie had *een coitted.1is testion+ is contrar+ to the testion+ o another prosecution itness, osio 'e/ica, ho cate#oricall+ stated that there ere no houses near the area here Cand+?s *od+ as ound and that it as surrounded *+ trees. I there ere no houses near the crie scene, it is cause or onder ho the parol, here the li#ht alle#edl+ cae ro, could have *een han#ed ithin a distance o &ve eters ro the place here "onnie claied he itnessed the incident. Even i the crie as coitted near the trail, and not on the e:act spot here Cand+?s *od+ as ound, the nearest house ould have to *e at least eters aa+. "onnie even e*ellished his stor+ *+ claiin# that the parol as )ade o ood ith a ic7, inside a *ottle. Second. "onnie?s *ehavior ater alle#edl+ itnessin# the incident *elied his pretension. 1e as supposed to have itnessed a crie.
=et he ent hoe, too7 his supper =et supper and ent to sleep as i nothin# had happened. 6hen accused-appellants ent to his house, "onnie did not sho an+ apprehension *ut atter o actl+ as7ed his other to let the in. This is not the noral reaction o a person ho supposedl+ has /ust seen a crie coitted. "onnie?s clai that the victi as his cousin all the ore a7es his stor+ incredi*le.
EN BANC G.R. No. 147671
November 21, 2002
THE PEOPLE OF THE PHILIPPINES, plaintif-appellee, PHILIPPINES, plaintif-appellee, vs. RENANTE MENDEZ !" #A#$ %A#AGTONG, accused-appellant. %A#AGTONG, accused-appellant. DECISION MENDOZA, &.' This is an appeal ro ro the decision! o the "e#ional Trial Court, Branch $$, %aoan#, Northern Saar, &ndin# accused-appellants accused-appellants "enante 'ende( and "ene )Ba*+) Ca*a#ton# #uilt+ o the crie o rape ith hoicide and sentencin# each o the to death and to indeni+ the heirs o victi Cand+ Doli in the aount o !,. as daa#es. Because the record o this case is replete ith nuerous instances o procedural and evidentiar+ lapses, e are constrained to reverse the /ud#ent o the trial court and ac0uit accused-appellants on the *asis o reasona* reasona*le le dou*t. F()*' o
o
o
"ico Doli is the ather o the victi. 1e testi&ed that, in the ornin# o Dece*er 2, !334, Cand+ Doli, then !5 +ears old, let their house to collect *ets on the BA endin# #aes ro the local residents. 6hen she did not return hoe that evenin#, "ico as7ed his ather A*rosio and his dau#hter 8in7+ to loo7 or Cand+, *ut the+ did not &nd her. On Dece*er !$, !334, ord reached "ico that a +oun# #irl as ound dead in Sitio Tinoto#asan. "ico iediatel+ ent to the place and ound the lieless *od+ o Cand+. Cand+. 1er pant+ and shorts ere han#in# ro an an7le, hile her shirt as rolled up to her throat. She had ounds in diferent parts o her *od+. "ico sou#ht the help o the police and Baran#a+ Captain edro 9o*a. 1avin# heard that a certain "onnie Ca*a#ton# as involved in the 7illin# o his dau#hter, "ico &led a coplaint a#ainst "onnie, ho as then investi#ated *+ the police. 6hile
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"onnie as under investi#ation at the police head0uarters, his other, Aurea Ca*a#ton#, cae to the station. She told "ico Doli that she 7ne hat actuall+ happened to Cand+ and ofered to *e a itness. Aurea Ca*a#ton# pointed to accusedappellants Ba*+ Ca*a#ton# and "enante 'ende( as the perpetrators o the crie. Accordin# to "onnie, he as a*out three eters aa+ hen he later sa accused-appellants. "enante 'ende( as on top o Cand+, havin# se:ual intercourse ith her, hile Ba*+ Ca*a#ton# as holdin# the victi;s hands. It as rainin# and there as no oonli#ht, *ut "onnie said he reco#ni(ed "enante and Ba*+ *ecause o a lantern hich illuinated the place. Accordin# to "onnie, he proceeded hoe and, at a*out 3 o;cloc7 that ni#ht, he heard soeone callin# ro the outside. It as accused-appellan accused-appellants ts "enante 'ende( and Ba*+ Ca*a#ton#. "onnie "onnie said he as7ed his other to let the to inside their house. 1e noticed that the+ had *loodstains on their shirts. 1e said the to ashed their clothes to reove the stains and later slept in his roo. The+ arned "onnie not to tell an+one a*out hat he sa or else the+ ould 7ill hi and his ail+. "onnie said that he and accused-appellants then ent to sleep. The ne:t ornin#, accused-appellants let.
On cross-e:aination, cross-e:aination, SO$ Cernio told the court that the arrest o accused-appellantt "enante 'ende( ithout a arrant as *ased accused-appellan on their 7noled#e o his #uilt. 1e claied that the+ had released accused-appellantt "enante 'ende( ro custod+, *ut he did not accused-appellan ant to leave *ecause he as araid o #ettin# involved in the case. 'a#no 'e/ica arrested "ene )Ba*+) Ca*a#ton#, also ithout a arrant, *ased on the citi(ens; arrest la. 'e/ica 7ne a*out the case *ecause he as ro Baran#a+ Bura*ud and a e*er o the Citi(ens; Crie 6atch and an NA surrenderee. The trial court ound the evidence evidence or the prosecution, prosecution, particularl+ the testionies o "onnie Ca*a#ton# and his other, credi*le and rendered /ud#ent or the prosecution. TRIAL %O+RT' 61E"E
