Appellee's Brief

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DIOXENOS B. SULIT ATTY. CHRISTINA ARIAS-SUMILONG
I-D LEGAL WRITING
3/31/07

REPUBLIC OF THE PHILIPPINES
COURT OF APPEALS
DIVISION II, CITY OF MANILA

PEOPLE OF THE PHILIPPINES,
Plaintif-Appellee,

-versus- GA. G.R. No. 123456

PEDRO SARMIENTO Y TORDECILLA
Accused-Appellant,
x------------------------------------------x

APPELLEE’S BRIEF

SUBMITTED BY

OFFICE OF THE SOLICITOR GENERAL
#234 Palack St, GSIS Building,
Brgy. Vito Cruz, Manila, Philippines
By
Dioxenos Barreras Sulit
Associate Solicitor General

SUBJECT INDEX

Page No.Contents
1Cover Page2Subject Index3Prefatory StatementCounter-Statement of Facts
5Counter Arguments
6Discussion
14Prayer

Cases Cited (Order of Appearance)
People v. Mendoza, 292 SCRA 168.
People v. Ching, 240 SCRA 267.
People v. Valdez, 150 SCRA 405.
People v. Ancheta, 419 SCRA 307.
People v. Abes, 420 SCRA 259.
People v. Cabato, 160 SCRA 98.
Aportadera v. Court of Appeals, 158 SCRA 695.
People v. Tansiangco, L-128164.
People v. Lachica, 382 SCRA 162.

Law and Annotations Cited
Reyes, Revised Penal Code Book 1, 16th Ed., 124(2006).
Revised Penal Code, Art 14, Par. 6.

REPUBLIC OF THE PHILIPPINES
COURT OF APPEALS
DIVISION II, CITY OF MANILA

PEOPLE OF THE PHILIPPINES,
Plaintif-Appellee,

-versus- GA. G.R. No. 123456

PEDRO SARMIENTO Y TORDECILLA
Accused-Appellant,
x------------------------------------------x

APPELLEE’S BRIEF

Plaintiff-appellee PEOPLE OF THE PHILIPPINES, represented by the Office of the Solicitor General in answer to the allegations raised by the accused-appellant in his Brief, respectfully states:

PREFATORY STATEMENT

Through this appeal, accused-appellant assails the judgment dated 30 November 2006 rendered by Judge Barabas Baldoza of the Regional Trial Court, 12th Judicial Regional Branch 15, Quezon City, finding him guilty beyond reasonable doubt of Robbery with Rape.

COUNTER-STATEMENT OF FACTS

Accused-appellant Pedro Sarmiento y Tordecilla together with co-accused Timeo Yhaap y Palparan and Antonio Olanne y Bergdugo was charged before the Regional Trial Court, 12th Judicial Regional Branch 15, Quezon City of robbery with rape. The case was docketed as Criminal Case No. 123456. The accusatory portion reads:

“That on or about February 14, 2006, in Quezon City, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, armed with a knife, and gun, conspiring and confederating together, mutually aiding and assisting with one another, forced open the red Toyota Corrola Plate No. YHJ123 owned by WANDA S. RIVERA, and by means of violence against or intimidation of persons that is, at gun point, took, stole and carried away the following items: a Apple laptop computer, black Nokia N91 cellphone, diamond engagement ring, green Lacoste handbag, and cash, all estimated to be worth P150,000.00, all belonging to and taken against the will of said WANDA S. RIVERA, all to the latter’s damage and prejudice; that on the occasion of means of force and intimidation, did then and there willfully and feloniously, have carnal knowledge of the said WANDA S. RIVERA, a 22-year old woman against her will.

CONTRARY TO LAW.”

Upon being arraigned all the accused including accused-appellant Sarmiento pleaded not guilty to the crime charged.

The prosecution established the guilt of all the accused beyond reasonable doubt by presenting as evidence the testimony of the victim herself, WANDA S. RIVERA, and the other witnesses DR. MA. ANNA MAE QUINTO, DEMEK CATINDOYOK, and ANGELA CATINDOYOK.

WANDA S. RIVERA, the private complainant testified that she was driving her way to her house...
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