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People vs. Siao PDF

Rene Siao forced Ester Raymundo and Reylan Gimena at gunpoint to perform sexual acts on each other. Siao then commanded Reylan to rape Ester in three positions while pointing a gun at them. Ester and Reylan reported the rape to police. The trial court convicted Siao of rape with a deadly weapon and sentenced him to reclusion perpetua. The Supreme Court affirmed the conviction but modified the damages awarded. While inconsistencies in witness testimony do not invalidate a case, the failure to present the weapon or prove extortion allegations were not fatal to the prosecution.

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131 views2 pages

People vs. Siao PDF

Rene Siao forced Ester Raymundo and Reylan Gimena at gunpoint to perform sexual acts on each other. Siao then commanded Reylan to rape Ester in three positions while pointing a gun at them. Ester and Reylan reported the rape to police. The trial court convicted Siao of rape with a deadly weapon and sentenced him to reclusion perpetua. The Supreme Court affirmed the conviction but modified the damages awarded. While inconsistencies in witness testimony do not invalidate a case, the failure to present the weapon or prove extortion allegations were not fatal to the prosecution.

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DAblue Rey
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© © All Rights Reserved
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PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. RENE SIAO, accused-appellant.

FACTS: May 27, 1994, 3pm Ester Raymundo and Reylan Gimena were forced and intimidated at gunpoint
by accused-appellant Rene Siao to have carnal knowledge of each other. Rene Siao called Reylan Gimena
inside the women's quarter. After Rene Siao closed the door, he told Reylan, "Reylan, birahi si Ester". Since
Reylan was at a loss as to what to do, Rene Siao commanded Ester at gunpoint to "suck (um-um) the
penis" of Reylan Gimena. 13 Both Reylan and Ester performed the sexual act because they were afraid
they will be killed. Thereafter, accused-appellant commanded Reylan to rape Ester in three (3) different
positions, pointing the handgun at them the whole time. After the incident, Siao warned them: "If you will
tell the police, I will kill your mother." At 6pm,: Estrella and her cousin Joy Raymundo on their way home,
they met an old man who saw Estrella crying. The old man took them to his house. The incident was
reported to the police. Rene Siao together with Reylan Gimena were charged before the RTC Cebu City
with the crime of rape.

RTC: convicted accused-appellant Rene Siao of the crime of rape w/ the use of a deadly weapon, as
principal by induction and imposes upon him the penalty of reclusion perpetua; and acquitted Reylan
Gimena because he acted under the impulse of uncontrollable fear of an equal, if not greater injury.

Defense:
1. the failure of the prosecution to present the gun used by him to force and intimidate Ester
Raymundo and Reylan Gimena to perform sexual intercourse is fatal to the prosecution's cause is
clearly untenable

SC: the non-presentation of the weapon used in the commission of the rape is not essential to the conviction
of the accused. It suffices that the testimony of the rape victim is credible because the established rule is
that the sole testimony of the offended party is sufficient to sustain the accused's conviction if it rings the
truth or is otherwise credible (People vs. Travero). The corroborative testimony of Reylan Gimena was
consistent in material respects with that of Ester Raymundo; thus, the fact that accused-appellant Rene
Siao forced and intimidated at gunpoint Ester Raymundo and Reylan Gimena to have carnal knowledge of
each other; the Court is convinced that the same has been adequately proved by the prosecution's
evidence.

2. alleges that the presence of inconsistencies in the witness’ testimonies and such should mark their
credibility untrustworthy

Alleged inconsistencies are inconsequential considering that they refer to trivial matters which have nothing
to do with the essential fact of the commission of rape, that is carnal knowledge through force and
intimidation. This Court has consistently adhered to the rule that inconsistencies on minor details of the
testimonies of witnesses serve to strengthen their credibility as they are badges of truth rather than an
indicia of falsehood. 15 If at all, they serve as proof that the witnesses were not coached and rehearsed.

3. contends that the testimonies of the prosecution witnesses do not conform to common experience
due to the following reasons:
Defendant: SC:
Reylan Gimena ejaculated three times in a span of the important consideration in rape is not the
less than 30 minutes emission of semen but the penetration of the
female genitalia by the male organ. Well-settled is
the rule that penetration, however slight, and not
ejaculation, is what constitutes rape.
the rape took place within earshot and near the lust is no respecter of time and place. It is not
presence of other people impossible to perpetrate a rape even in a small
room. Rape can be committed in a house where
there are many other occupants.
Ester and Reylan did not make a dash for freedom Ester and Reylan could not be expected to flee or
during the ten minutes it took Rene Siao to follow even to attempt to flee under the circumstances.
them from the women's quarter to the male's Both were minors; Siao was their "Amo" or
quarter where the latter wanted them to resume employer who was menacingly threatening to kill
their copulation them or their family with a gun. It was not
improbable for them not to attempt to escape when
they had an opportunity to do so. Moreover, while
most victims will immediately flee from their
aggressors, others become virtually catatonic
because of the mental shock they experience.
a barangay tanod was present at the place of the lust is no respecter of time and place. It is not
alleged rape at about 4:00 p.m. impossible to perpetrate a rape even in a small
room. Rape can be committed in a house where
there are many other occupants.
the private complainant reported the incident to an It was also not improbable for them to report the
old man she chanced upon on her way home incident to an old man they met on the road as
there was no on else to turn to.

4. The father of Ester tried to extort a huge sum of money from the accused-appellant's family so that
the case against him will be dropped
This contention is largely self-serving as it is uncorroborated.

The trial court overlooked the aggravating circumstance of ignominy, however the information failed to
allege the use of a deadly weapon, specifically, that herein accused-appellant was armed with a gun, as
such the penalty to be reckoned with in determining the penalty for rape would be reclusion perpetua, the
penalty prescribed for simple rape, which must be applied regardless of any mitigating or aggravating
circumstance which may have attended the commission of the deed.
Consequently, the penalty of RP imposed by the trial court is correct.

WHEREFORE, the decision of the Regional Trial Court, Branch 13, Cebu City, is hereby AFFIRMED with
the MODIFICATION that accused-appellant Rene Siao is ordered to pay P50,000.00 to Ester Raymundo
by way of moral damages, and P20,000.00 by way of exemplary damages in addition to the amount of
P50,000.00 which the trial court ordered him to pay as indemnity.

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