Appellee's Brief
Appellee's Brief
1-G
COURT OF APPEALS
CITY OF MANILA
Plaintiff-Appellee
ROMYNICK C. PULLONA
Accused-Appellant
x------------------------------------------x
APPELLEE’S BRIEF
By
SUBJECT INDEX
pg. 1
Page Number
1 Cover Page
2 Subject Index
3 Counter-Statement of
Facts
5 Counter-Arguments
9 On Conspiracy
11 Nighttime
13 Prayer
Cases Cited
2. People v. Layco, Sr., G.R. No. 182191, 8 May 2009, 587 SCRA 803
4. People v. Tan, G.R. No. 177566, March 26, 2008, 549 SCRA 489, 502;
citing People v. Baldogo, G.R. Nos. 128106-07
Books Cited
COUNTER-STATEMENT OF FACTS
pg. 2
Last August 20, 2010 at around 10:30 pm, while complainant Maricar G.
Jimenez was on her way home, driving her black Honda CRV with plate number XKY
232, her tire exploded. She was along C.P. Garcia where there was rarely any street
light. She went out of the car to check the damage and eventually she tried to call her
friend for help. She called the towing service insurance company, the Malayan
Insurance.
Out of nowhere, three (3) men appeared. One, who was identified as Albert
Cordero pointed the gun to the complainant. While he was doing that, his two (2) other
companions ransacked the car for whatever they can get.
After getting the valuable, the three were not satisfied. They forcefully dragged
the complainant to a nearby grassy part and the man who pointed the gun raped her.
She fainted and became conscious only at the hospital.
She stayed in the hospital from August 20, 2010 until August 25, 2010. After
she was cleared by the doctors, she immediately went to her lawyers.
Then, Maricar G. Jimenez,filed a complaint of robbery with rape against the three
(3) suspects namely: Romynick Pullona, Albert Cordero and John Carl Alvarado.
And on December 10, 2010, the Quezon City Prosecutor filed the information in the
Reginal Trial Court of Quezon City. The accusatory portion reads:
“That on or about 9:00 p.m. on August 20, 2010 in Quezon City,
Philippines, and within the jurisdiction of this Honorable Court, the above-
named accused, armed with a knife, and gun, conspiring and
confederating together, mutually aiding and assisting with one another,
forced open the black Honda CRV with Plate No. XKY 232 owned by
Maricar G. Jimenez and by means of violence against or intimidation of
persons that is, at gun point, took, stole and carried away the following
items: a laptop computer Macbook Pro, iPhone cellphone, Louis Vuitton
Retiro PM bag and wallet, diamond earrings and tennis bracelet, all
estimated to be worth Php 200,000, and Php14,500 in cash, all belonging
to and taken against the will of said MARICAR G. JIMENEZ, all to the
latter's damage and prejudice; that on the occasion of the commission of
the above offense, said accused by virtue of their conspiracy, by means
of force and intimidation, did then and there willfully, unlawfully and
feloniously, have carnal knowledge of the said Maricar G. Jimenez, a 22-
year old woman, against her will.
CONTRARY TO LAW.”
The prosecution presented Maricar G. Jimenez, Dr. Ma. Melina Roque Aeron
Pagulayan, and Kaye Javier as their witnesses. Mr. Emmanuel Patrick Chan, the
representative of the Malayan Insurance.
pg. 3
The complainant (victim) was able to identify the victims during a police line-up.
She finger-pointed Albert Cordero as the one who raped her, and John Carl Alvarado
and herein accused-appellant as the two who ransacked her car.
Meanwhile, Dr. Ma. Melina Roque testified about the results of her examination
of the body of Maricar G. Jimenez. She submitted the following report:
The couple Kaye Javier and Aeron Pagulayan positively identified the three as the
persons who came out of the dimly lit grassy area near the car of the victim as soon as they
arrived. They testified that they were on their way to a prayer meeting when they saw an
abandoned car. They stopped at the rear side of the car. As soon as they stopped, three (3)
men went running from the grassy area. They positively identified all the accused during the
trial.
All the accused denied the charges against them. They claim that they do not know each
other. Romynick Pullona claimed that it was impossible for him to be at the scene of the crime
because he was reviewing for an exam in his house at Manggahan, Fairview, Quezon City.
Meanwhile, John Carl Alvarado insisted that he was taking care of her grandmother who was
confined at the Philippine General Hospital. And Albert Cordero claimed that he was already
asleep during the time of the incident somewhere in Cubao. All of them presented their relatives
to prove their claim.
On 21 May 2011, the Regional Trial Court rendered its decision. The
dispositive portion reads:
“WHEREFORE, the Court finds accused Albert Cordero, Romynick
Pullona, and John Carl Alvarado GUILTY BEYOND REASONABLE
DOUBT of the crime of Robbery with Rape, committed with the use of a
deadly weapon and with aggravating circumstances of dwelling,
nighttime, and treachery, without any mitigating circumstance to offset the
same. Considering that there was conspiracy among the accused, they
are hereby sentenced to suffer the penalty of DEATH and its accessory
penalties; to pay Maricar G. Jimenez the following amounts: P250,000.00
1
Records page 5
pg. 4
as actual damages; P75,000 as civil indemnity; P75,000.00 as moral
damages; P30,000.00 as exemplary damages; and to pay the costs.”
Only herein accused-appellant filed his appeal on the matter in the Court of
Appeals.
COUNTER – ARGUMENTS
II. That the testimonies of the witnesses are enough to pass the test of
proof beyond reasonable doubt requirement in criminal cases.
III. That the Trial Court correctly appreciated that conspiracy was
present and that the accused-appellant, through his acts became a
co-conspirator.
IV. That direct identification of the witnesses negates the alibi of the
accused-appellant which was inconsistent and was rightly not given
credence.
DISCUSSION
2
Records page 10
pg. 5
In a prosecution for rape, the victim’s credibility becomes the
single most important issue. For when a woman says she was
raped, she says in effect all that is necessary to show that rape was
committed; thus, if her testimony meets the test of credibility, the
accused may be convicted on the basis thereof.3
3
People v. Layco, Sr., G.R. No. 182191, 8 May 2009, 587 SCRA 803, 808 citing People v. Coja, supra note 30 at
186
4
TSN dated November 9, 2010
5
People v. Palgan, G.R. No. 186234, 21 December 2009.
pg. 6
Also, the minute detail missed by the complainant on the
color of the shorts the accused-appellant was wearing does not
negate her other testimonies.
II. That the testimonies of the witnesses are enough to pass the test of
proof beyond reasonable doubt requirement in criminal cases.
6
1 Cooley 639
7
People vs Amper, G.R. No. 172708, 5 May 2010.
pg. 7
something. And so I just sit back on my car and watch
them get my things. They were even laughing like little
8
demons.(crying)”
III. That the Trial Court correctly appreciated that conspiracy was
present and that the accused-appellant, through his acts became a
co-conspirator.
8
TSN dated November 30, 2010
9
TSN dated December 10, 2010
10
Citing Luis Reyes, Revised Penal Code, Book 1, 17th Ed., 130 (2008).
pg. 8
However there are exceptions.
IV. That direct identification of the witnesses negates the alibi of the
accused-appellant which was inconsistent and was rightly not given
credence.
“Atty. Azar:
11
People v. Tan, G.R. No. 177566, March 26, 2008, 549 SCRA 489, 502; citing People v. Baldogo, G.R.
Nos. 128106-07
12
Quidet vs People, G.R. No. 17028, 8 April 2010.
13
People vs Buntag, G.R. No. 123070, 14 April 2004.
14
Sumbillo vs People, G.R. No. 167464, 21 January 2010.
pg. 9
A: In manggahan sir. Manggahan, Fairview,
Quezon City.”15
A: Yes sir.
A: Yes sir
In the case at bar, it has been settled that C.P. Garcia was
dimly lit and the nocturnity of the place was used to the advantage
of the accused. Therefore, nighttime is aggravating in the present
case.
18
Citing Luis Reyes, Revised Penal Code, Book 1, 17th Ed., 364 (2008).
19
Citing Luis Reyes, Revised Penal Code, Book 1, 17th Ed., 333(2008).
pg. 11
Dr. Ma. Melina Roque and her findings established the fact
that Maricar G. Jimenez was indeed raped bearing in mind
the spermatozoa found in the vagina of the said complainant.
PRAYER
pg. 12
OFFICE OF THE SOLICITOR GENERAL
134 Amorsolo St., Legaspi Village,
Makati City, 1229
By
pg. 13
Associate Solicitor General
Copy Furnished
Counsel of Accused-Appellant
pg. 14