G.R. No. 150867 - PEOPLE OF THE PHILIPPINES, VS. SILVENO ESTADO Y AMISTOSO JR., A.K.A. “NONO,”.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, finding the accused guilty beyond reasonable doubt of the felony of rape, the accused, Silveno Estado y Amistoso, Jr., is sentenced to die by lethal injection and to pay the victim an indemnity of P50,000.00 plus moral damages of another P50,000.00 plus the cost of this suit. [2] In an Information dated May 7, 1998, [3] appellant was charged as follows: That on or about the 3rd day of February, 1998, at Barangay Binakayan, Municipality of Kawit, Province of Cavite, Philippines and within the jurisdiction of this Honorable Court, the above-named accused with lewd design, by means of force and intimidation, did, then and there, wilfully, unlawfully and feloniously have sexual intercourse with one RONALYN C. SANBUENAVENTURA, a five (5) year-old minor, against her will and consent. [4] During his arraignment on July 22, 1998, [5] appellant, with the assistance of his counsel, [6] pleaded not guilty to the rape charge. The Facts Version of the Prosecution The Office of the Solicitor General (OSG) summarizes the factual version of the prosecution in this wise: Around 8:30 oclock in the evening of February 3, 1998, appellant and Noel Villanueva came looking for Ramon Sanbuenaventura at the latters residence at Barangay Binakayan, Kawit, Cavite. Not finding him there, the two men were accompanied by Ronalyn, Ramons five year old daughter, to the residence of Candido Bimboy Develez some four houses away where a birthday party was being held. Upon their arrival at the Develez residence, Noel Villanueva went up to find Ramon while appellant and Ronalyn remained outside to wait. Fe Develez, wife of Bimboy, saw the child and appellant waiting outside the house. Ariel Bordaje, a construction worker who lived nearby, was standing near the door of his house when he saw appellant and Ronalyn pass by on their way to the Develez residence. He also saw the two waiting outside Bimboys house. He noticed that appellant was wearing a black t-shirt. After about thirty minutes, Ramon came out of the house and instructed Ronalyn to go home. Both Ariel Bordaje and Fe Develez saw the child walk away towards the direction of the Boracay Highway followed by appellant some five meters behind. Ronalyn was waylaid by appellant and brought to a place on the highway called Tambakan. There, appellant took off the childs panty and then made her lie on a sofa. Appellant covered Ronalyns mouth with his hand to prevent her from making any noise while he raped her. After he was done, appellant gave the child P2.00. Ronalyn proceeded to walk home. Around 9:30 p.m., Ramons wife arrived at the Develez residence looking for Ronalyn. The child was later found walking along Boracay Highway, crying and in shock. She was no longer wearing any underwear and blood was dripping down her legs. Fe Develez went to the place when she heard the commotion caused by the discovery of the victim. She helped clean up the child. Ronalyn was brought to the hospital for a medical