The Lawphil Project - Arellano Law Foundation
G.R. Nos. 138934-35 January 16, 2002
THE PEOPLE OF THE PHILIPPINES vs. ANTHONY ESCORDIAL | | |
|[pic] | |Republic of the Philippines | |SUPREME COURT | |Manila | |EN BANC | |G.R. Nos. 138934-35 January 16, 2002 | |THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, | |vs. | |ANTHONY ESCORDIAL, accused-appellant. | |MENDOZA, J.: | |These cases are before this Court for review from the decision,1 dated February 26, 1999, of the Regional Trial | |Court, Branch 53, Bacolod City, finding accused-appellant Anthony Escordial guilty of robbery with rape and | |sentencing him to death and to pay private complainant Michelle Darunday the amounts of P3,650.00 representing the | |amount taken by him, P50,000.00 as moral damages, P30,000.00 as exemplary damages, and the costs. | |In Criminal Case No. 97-18117, the information against accused-appellant charged him with the crime of rape | |committed as follows: | |That on or about the 27th day of December, 1996, in the City of Bacolod, Philippines, and within the jurisdiction of| |this Honorable Court, the herein accused armed with a deadly weapon, a knife, by means of force, violence and | |intimidation, did, then and there willfully, unlawfully and feloniously have carnal knowledge of the complainant | |Michelle Darunday y Jintula, against the latter's will. | |All contrary to law and with the aggravating circumstance that the said offense was committed in the dwelling of the| |said party during nighttime while [she] was asleep inside her room. | |Act contrary to law.2 | |In Criminal Case No. 97-18118, the information charged accused-appellant with robbery with rape as follows: | |That on or about the 27th day of December, 1996, in the City of Bacolod, Philippines, and within the jurisdiction of| |this Honorable Court, the said accused, armed with a deadly weapon, a knife, with intent of gain and by means of | |violence and intimidation on the person, did, then and there willfully, unlawfully and feloniously take from | |Michelle Darunday y Jintula the sums of P3,650.00, belonging to said offended party and [on] the occasion thereof | |have carnal knowledge with the complainant Michelle Darunday y Jintula, against her will, and inside her room | |wherein she was temporarily residing as a boarder. | |All contrary to law and with aggravating circumstance that the said offense was committed inside the dwelling of the| |offended party and during nighttime the latter not having given provocation for the offense....