Analytic Paper on G.R. No.206368

Republic of the Philippines

SUPREME COURT

Manila

FIRST DIVISION

G.R. No. 206368               August 6, 2014

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee,

vs.

LEONARDO BATTAD, Accused-Appellant,

MARCELINO BACNIS, Accused.

D E C I S I O N

REYES, J.:

This is an appeal from the Decision1 dated July 19, 2012 of the Court of Appeals (CA) in CA-G.R. CR-HC No. 04800 which affirmed the conviction of Leonardo Battad (accused-appellant) of the crime of Rape rendered by the Regional Trial Court (RTC) of Cabugao, Ilocos Sur, Branch 24, on November 12, 2010 in Criminal Case No. 2334-K. The dispositive portion of the trial court's Decision2 reads:

WHEREFORE, premises considered, the Court finds Marcelino Bacnis and Leonardo Battad guilty beyond reasonable doubt of the crime of rape. Leonardo Battad is hereby sentenced to suffer the penalty of reclusion Perpetua. In view of the presence of a privileged mitigating circumstance. Marcelino Bacnis is hereby sentenced to suffer imprisonment of fourteen years, eight (8) months and one (1) day to seventeen (17) years and four (4) months of reclusion temporal in its medium period. The two accused are hereby ordered to pay jointly and severally AA[A]3 [P]50,000.00 as civil indemnity, [P]50,000.00 as moral damages, and [P]25,000.00 as exemplary damages.

SO ORDERED.4

The Information, charging the accused-appellant with rape reads:

That on or about the 9th day of April, 2004, in the municipality of (PPP), province of Ilocos Sur, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, did then and there willfully, unlawfully, and feloniously have carnal knowledge of one AAA, by means of force and intimidation and against the latter’s will and consent.

Contrary to law.5

Accused-appellant was duly arraigned on April 13, 2005, where he entered a plea of NOT GUILTY to the offense charged. Pre-trial was held and terminated on May 11, 2005, after which, trial on the merits ensued.

Antecedent...