G.R. Nos. 148743-45 - PEOPLE OF THE PHILIPPINES, VS. FELIX MONTES Y NALLOS.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, this Court finds the accused Felix Montes y Nallos guilty beyond reasonable doubt of THREE (3) COUNTS OF RAPE DEFINED AND PENALIZED UNDER ARTICLE 335 OF THE REVISED PENAL CODE, AND HEREBY SENTENCES HIM TO SUFFER THE PENALTY OF THREE (3) RECLUSION PERPETUA. "The Court hereby orders the accused to indemnify the victim, Analyn P. Mendez, the amount of FIFTY THOUSAND PESOS (P50,000.00) as civil indemnity and FIFTY THOUSAND PESOS (P50,000.00) as moral damages for each count of rape." [2] Three (3) separate Informations, [3] all dated October 31, 1995, charged appellant as follows: Criminal Case No. 95-698 "That on or about the 17 th day of October 1995, in the Municipality of Parañaque, Metro Manila, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, by means of force and intimidation, did then and there willfully, unlawfully and feloniously have carnal knowledge of the complainant Analyn P. Mendez, a minor, 12 years of age, against her will." [4] Criminal Case No. 95-699 "That on or about the 18 th day of October 1995, in the Municipality of Parañaque, Metro Manila, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, by means of force and intimidation, did then and there willfully, unlawfully and feloniously have carnal knowledge of the complainant Analyn P. Mendez, a minor, 12 years of age, against her will." [5] Criminal Case No. 95-700 "That on or about the 19 th day of October 1995, in the Municipality of Parañaque, Metro Manila, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, by means of force and intimidation, did then and there willfully, unlawfully and feloniously have carnal knowledge of the complainant Analyn P. Mendez, a minor, 12 years of age, against her will." [6] When arraigned on November 27, 1995, [7] appellant, assisted by his counsel de oficio , [8] pleaded not guilty. After trial in due course, the court a quo rendered the assailed Decision. The Facts Version of the Prosecution In its Brief, [9] the Office of the Solicitor General (OSG) presents the prosecution's version of the facts in the following manner: "On October 17, 1995, about 6 o'clock in the morning, twelve-year[-]old Analyn P. Mendez [hereinafter, private complainant] was in their house in Yellowbell Street, UPS IV, Parañaque, Metro Manila, cleaning their house. After doing her chore, [private complainant] and her sister, Ronalyn Mendez, went out of their house to fetch water. "Outside their house, the two (2) sisters met appellant who was their neighbor. Appellant summoned [private complainant] to buy `pandesal'; hence, she did not go with Ronalyn x x x anymore. "After buying `pandesal,' [private complainant] borrowed from appellant his bicycle in his vulcanizing shop fronting his house. Using the bicycle, [private complainant] went to the place where they [usually go to] to fetch water to check if it was their turn to get water. "Afterward