G.R. No. 181084 Case Digest

G.R. No. 181084

People of the Philippines

v Bartolome Tampus and Ida Montesclaros

Ponente: Puno

Facts:

On appeal is the CA Visayas decision affirming with modification the decision of the RTC of Lapu-Lapu city in finding Ida Montesclaros guilty as an accomplice in the commission of rape.

This appeal stems from two criminal cases: (1) the information states that, on april 1, 1995 about 4:30pm in Lapulapu city with the jurisdiction of the RTC Lapu-Lapu, the accused Tampus was in deep slumber due to drunkenness did then and there willfully, unlawfully and feloniously have carnal knowledge with the then 13 yer old victim against her will in conspiracy with Ida Montesclaros who gave permission to Tampus to rape the minor.(2) on April 3, 1995 at about 1am, Tampus was armed with a wooden club and by means of threat and intimidation did willfully, unlawfully and feloniously have carnal knowledge with then 13 year old against her will.

The offended party is the daughter of montesclaros. Montesclaros started o rent a room in a house owned by Tampus, a barangay tanod. Minor testified that she was in the house with her mother and Tampus on April 1, 1995, that the two adults were drinking beer and forced her to drink too. After having 3 bottles then she got sleepy and was lying on the floor when she overheard Tampus requesting her mother to be permitted to have sexual intercourse with the minor. Montesclaros agreed and told Tampus to leave as soon as he is finish with her daughter. Montesclaros then left for work and left the minor along with Tampus. The minor fell asleep and have woken up with pain and blood on her genitals. The minor cried  to her mother but was ignored by Montesclaros.

Minor testified that the abuse was repeated on April 4, 1995. That then made her to seek from her Aunt Nellie who reported the incident to the police. On May 9, 1995 the head of the medico-legal branch of the PNCLS conducted a physical examination of the minor and testified that the result of the examination revealed a deep healed laceration.

On September 22, 1995 the minor filed 2 complaints against Tampus on rape and against Montesclaros on conspiracy to the rape.

Tampus denied the rape with alibis that Ida always bring her daughter to the beer house with her and his duties to the barangay tanod post would prevent the incident of the minor having left at home alone with him.

then the head of Dept. Psychiatry issued a medical certification which showed that Ida was treated as an outpatient diagnosed with Schizophrenia.

Trial court convicted Tampus of 2 rapes and Ida as accomplice.Ida's illness was then appreciated and in effect mitigated her penalty.

CA then dismissed the instant appeal for lack merit but with modification that Ida was guilty beyond reasonable doubt as an accomplice.

CA explained that Ida as accomplice is dependent on proving the principal guilty.