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  • PP vs. GILBERT MALLARI y TAYAG (Penned by J. Corona)

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    Jan Lorenzo
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    Gilbert Mallari y Tayag was charged with forcible abduction with rape for forcing a woman into his vehicle and engaging in sexual intercourse against her will while threatening her with a knife. The trial court found him guilty of rape and sentenced him to reclusion perpetua. The Court of Appeals affirmed this ruling but modified the damages. The Supreme Court then affirmed the Court of Appeals decision, finding the evidence clearly established Mallari's guilt beyond reasonable doubt.

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    A criminal case on forcible abduction with rape. Penned by Justice Corona

    Original Title

    PP vs. GILBERT MALLARI y TAYAG (penned by J. Corona)

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    Gilbert Mallari y Tayag was charged with forcible abduction with rape for forcing a woman into his vehicle and engaging in sexual intercourse against her will while threatening her with a knife. The trial court found him guilty of rape and sentenced him to reclusion perpetua. The Court of Appeals affirmed this ruling but modified the damages. The Supreme Court then affirmed the Court of Appeals decision, finding the evidence clearly established Mallari's guilt beyond reasonable doubt.

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    45 views3 pages

    PP vs. GILBERT MALLARI y TAYAG (Penned by J. Corona)

    Uploaded by

    Jan Lorenzo
    Gilbert Mallari y Tayag was charged with forcible abduction with rape for forcing a woman into his vehicle and engaging in sexual intercourse against her will while threatening her with a knife. The trial court found him guilty of rape and sentenced him to reclusion perpetua. The Court of Appeals affirmed this ruling but modified the damages. The Supreme Court then affirmed the Court of Appeals decision, finding the evidence clearly established Mallari's guilt beyond reasonable doubt.

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    © All Rights Reserved
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    of 3

    G.R. No.

    179051               March 28, 2008

    PEOPLE OF THE PHILIPPINES, Appellee,


    vs.
    GILBERT MALLARI y TAYAG, Appellant.

    RESOLUTION

    CORONA, J.:

    On August 30, 1994, appellant Gilbert Mallari y Tayag was charged with forcible abduction
    with rape1 in the Regional Trial Court (RTC) of Naga City, Branch 25 under the following
    information:

    Criminal Case No. 94-5604

    That on or about August 28, 1994, in the City of Naga, Philippines and within the jurisdiction
    of this Honorable Court, [appellant], with lewd design take and carry away by the use of a
    motor vehicle the herein complainant against her will while walking alone at Barlin Street and
    once [appellant] was in possession of the herein complainant, by means of force, violence
    and intimidations and threats and with the use of a bladed weapon, did then and there,
    wilfully, unlawfully and feloniously have sexual intercourse with the undersigned complainant
    against her will.

    That the commission of said offense is attended by the aggravating circumstance of use of
    motor vehicle and disregard of sex and age and superior strength.

    Upon arraignment, appellant pleaded not guilty.

    The prosecution essentially established that appellant forced complainant AAA to board his
    vehicle and to engage in sexual intercourse with him. AAA testified that she feared appellant
    because he was armed with a fan knife. Moreover, he kept threatening to kill her and to chop
    up her cadaver if she did not obey him. For these reasons, she failed to offer any resistance
    and appellant succeeded in carrying out his bestial design.

    For his defense, appellant asserted that AAA voluntarily engaged in sexual intercourse with
    him.1avvphil

    In a decision dated April 28, 1997, 2 the Regional Trial Court (RTC) found appellant guilty
    beyond reasonable doubt of rape:

    WHEREFORE, this Court finds [appellant] guilty beyond reasonable doubt of the crime of
    Rape defined and penalized under Article 335 of the Revised Penal Code, as amended by
    Republic Act No. 7659 and hereby sentences [him] to suffer the penalty of RECLUSION
    PERPETUA and to pay [AAA] the sum of ₱50,000 as moral damages and to pay the cost of
    suit. Attorney’s fee is pro bono.

    SO ORDERED.
    The Court of Appeals (CA), on intermediate appellate review, affirmed the findings and ruling
    of the RTC with modification as to the amount of the damages. 3 In addition to moral
    damages, appellant was ordered to pay civil indemnity in the amount of ₱50,000. 4

    We affirm the decision of the CA.

    There is no reason to disturb the findings of the RTC as affirmed by the CA. The records are
    replete with evidence establishing appellant’s guilt beyond reasonable doubt.

    WHEREFORE, the January 31, 2007 decision of the Court of Appeals in CA-G.R. CR-H.C.
    No. 02209 finding appellant Gilbert Mallari y Tayag guilty of simple rape is hereby
    AFFIRMED. Appellant is sentenced to suffer the penalty of reclusion perpetua. He is further
    ordered to pay AAA ₱50,000 as civil indemnity and ₱50,000 as moral damages.

    Costs against appellant.

    SO ORDERED.

    RENATO C. CORONA
    Associate Justice

    WE CONCUR:

    REYNATO S. PUNO
    Chief Justice
    Chairperson

    ANTONIO T. CARPIO ADOLFO S. AZCUNA


    Associate Justice Associate Justice

    TERESITA J. LEONARDO-DE CASTRO


    Associate Justice

    CERTIFICATION

    Pursuant to Section 13, Article VIII of the Constitution, I certify that the conclusions in the
    above resolution had been reached in consultation before the case was assigned to the
    writer of the opinion of the Court’s Division.

    REYNATO S. PUNO
    Chief Justice

    Footnotes

    1
    Docketed as Criminal Case No. 94-5604.
    2
    Penned by Judge Jose T. Atienza. CA rollo, pp. 38-78.

    3
    Penned by Associate Justice Myrna Dimaranan Vidal and concurred in by
    Associate Justices Jose L. Sabio, Jr. and Jose C. Reyes, Jr. of the Twelfth Division
    of the Court of Appeals. Dated January 31, 2007. Rollo, pp. 3-26.

    4
    See People v. Mendoza, 440 Phil. 775, 785-786 (2002).

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