10 People V Aaron 136300 02
10 People V Aaron 136300 02
10 People V Aaron 136300 02
*
G.R. Nos. 136300-02. September 24, 2002.
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* THIRD DIVISION.
527
528
CORONA, J.:
1
Before us on appeal is the Decision of the Regional Trial
Court of Balanga, Bataan, Branch 3, in Criminal Cases
Nos. 6730, 6731 and 6732 convicting herein appellant,
Emmanuel Aaron, of one count of rape and sentencing him
to suffer the penalty of reclusion perpetua and to pay the
victim P50,000 as civil indemnity.
The appellant, Emmanuel Aaron y Dizon, was charged
with three counts of rape defined and penalized under2
Articles 266-A and 266-B of the Revised Penal Code,
respectively, in three separate criminal complaints filed
and signed by the private complainant, Jona G. Grajo, and
subscribed and sworn to on January 17, 1998 before 3rd
Assistant Provincial Prosecutor Oscar M. Lasam. Save for
their docket numbers, the said criminal complaints are
identically worded thus:
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529
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530
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531
The defense denied any liability for the three counts of rape
charged. Appellant Emmanuel Aaron testified that he and
his wife were residing in an apartment unit together with 12
his sister-in-law, herein private complainant, Jona Grajo.
Jona occupied a room on the13
second floor while the couple
stayed at the ground floor.
On the date of the incident, Emmanuel admitted that he
and Jona were the only persons inside the apartment. He
had just arrived from work as a night-shift waiter at Base
One restaurant in Balanga, Bataan. He had earlier met
Bong Talastas at 7:00 o’clock in the morning as Bong was
preparing to leave his house while his wife had gone to the
market. Emmanuel changed his clothes upstairs where the
cabinet was located opposite the room occupied by Jona.
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“WHEREFORE, the guilt of the accused for the single act of rape
having been proved beyond reasonable doubt, the accused is
sentenced to suffer the penalty of reclusion perpetua with the
accessory penalty pro-
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532
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533
ant’s being
19
a non-virgin did not discount rape on January
16, 1998.
Article 266-A of the Revised Penal Code provides:
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534
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20 People v. Perez, 270 SCRA 526, 531 (1997); People v. Florendo, 230
SCRA 599, 602-603 (1994).
21 People v. Pajarillo, G.R. Nos. 143755-58, February 20, 2002, 377
SCRA 477, citing People v. Malabago, 271 SCRA 464, 475 (1997); People v.
Quitoriano, 266 SCRA 373, 376 (1997).
22 The Revised Penal Code by Luis B. Reyes, Book II, Fourteenth
Edition, 1998, p. 528.
535
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536
PROS. LASAM:
Q: While you were in your room on that time and date, do
you remember of any incident that happened?
A: Yes, sir.
Q: What was that incident?
A: While I was inside my room, I sensed that there was a
person inside my room and when I opened my eyes, I
saw that he is my brother-in-law.
Q: And that brother-in-law of yours is the person whom
you pointed a while ago. Is that correct?
A: Yes, sir.
Q How does he look when you saw him inside your room?
25
A: He was naked sitting beside me.
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27 People v. San Juan, 270 SCRA 693, 706 (1997); People v. Gecomo, 254
SCRA 82, 97 (1996).
28 TSN, dated February 6, 1998, p. 26.
29 People v. Edualino, 271 SCRA 189, 199 (1997).
538
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32 People v. Tabalesma, 277 SCRA 536, 549 (1997); People v. Joya, 227
SCRA 9, 28 (1993).
540
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