Criminal Case
FIRST DIVISION G.R. No. L-107819 December 17, 1993
EFREN ANCIRO, petitioner, vs. PEOPLE OF THE PHILIPPINES and THE HONORABLE COURT OF APPEALS, respondents.
Franco L. Loyola for petitioner.
The Solicitor General for the People of the Philippines. DAVIDE, JR., J.:
The principal issue raised in this petition is the propriety of the trial court's denial of a motion to strike out the testimony of the private complainant whose cross examination was not finished because she had left for abroad.
The petitioner was prosecuted for the rape of Gloria Dalin, a 14-year old lass, allegedly committed on 23 February 1979 in Bangkal, Carmona, Cavite. The case was docketed as Criminal Case No. BCR-79-154 of the then Branch 5 of the Court of First Instance, later Branch 19 of the Regional Trial Court of Bacoor, Cavite. The case was subsequently transferred to Branch 21 of the Regional Trial Court of Imus, Cavite. 1
On 9 March 1988, the trial court promulgated its decision, 2 the dispositive portion of which reads as follows: WHEREFORE, finding the accused guilty beyond reasonable doubt of the crime of rape as defined and penalized under Art. 335 of the Revised Penal Code, said accused is hereby sentenced to suffer the penalty of imprisonment to an indeterminate term ranging from six (6) months and one (1) day ofprision correccional minimum, as minimum, to eight (8) years and one (1) day of prision mayormedium, as maximum, and to pay the offended party P10,000.00 for moral damages and P5,000.00 for attorney's fees and the cost of the suit.
It appreciated in favor of the petitioner the privileged mitigating circumstance of minority considering that he was born on 13 August 1963, 3 and by reason thereof, it lowered the penalty prescribed in Article 335 of the Revised Penal Code, i.e., reclusion perpetua, by two degrees and applied the Indeterminate Sentence Law.
Petitioner appealed the decision to the Court of Appeals, which docketed the case as CA-G.R. CR
EFREN ANCIRO, petitioner, vs. PEOPLE OF THE PHILIPPINES and THE HONORABLE COURT OF APPEALS, respondents.
Franco L. Loyola for petitioner.
The Solicitor General for the People of the Philippines. DAVIDE, JR., J.:
The principal issue raised in this petition is the propriety of the trial court's denial of a motion to strike out the testimony of the private complainant whose cross examination was not finished because she had left for abroad.
The petitioner was prosecuted for the rape of Gloria Dalin, a 14-year old lass, allegedly committed on 23 February 1979 in Bangkal, Carmona, Cavite. The case was docketed as Criminal Case No. BCR-79-154 of the then Branch 5 of the Court of First Instance, later Branch 19 of the Regional Trial Court of Bacoor, Cavite. The case was subsequently transferred to Branch 21 of the Regional Trial Court of Imus, Cavite. 1
On 9 March 1988, the trial court promulgated its decision, 2 the dispositive portion of which reads as follows: WHEREFORE, finding the accused guilty beyond reasonable doubt of the crime of rape as defined and penalized under Art. 335 of the Revised Penal Code, said accused is hereby sentenced to suffer the penalty of imprisonment to an indeterminate term ranging from six (6) months and one (1) day ofprision correccional minimum, as minimum, to eight (8) years and one (1) day of prision mayormedium, as maximum, and to pay the offended party P10,000.00 for moral damages and P5,000.00 for attorney's fees and the cost of the suit.
It appreciated in favor of the petitioner the privileged mitigating circumstance of minority considering that he was born on 13 August 1963, 3 and by reason thereof, it lowered the penalty prescribed in Article 335 of the Revised Penal Code, i.e., reclusion perpetua, by two degrees and applied the Indeterminate Sentence Law.
Petitioner appealed the decision to the Court of Appeals, which docketed the case as CA-G.R. CR