July 1933 - Philippine Supreme Court Decisions/Resolutions
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G.R. No. 37378 July 29, 1933 - PEOPLE OF THE PHIL. v. PRIMITIVO ESQUILONA, ET AL.
058 Phil 295:
058 Phil 295:
EN BANC
[G.R. No. 37378. July 29, 1933.]
THE PEOPLE OF THE PHILIPPINE ISLANDS, Plaintiff-Appellee, v. PRIMITIVO ESQUILONA, BERNABE ESQUILONA, and JOSE ESQUILONA, Defendants-Appellants.
Amancio Aguilar, for Appellants.
Attorney-General Jaranilla, for Appellee.
SYLLABUS
1. RAPE; EVIDENCE INSUFFICIENT TO CONVICT. — The prosecution tried to prove that M. V., while on her way to her brother’s house, was met by appellants, who, by threat and intimidation, forced her to go to a house, wherein again, by threat and intimidation, they forced her to submit to the embrace of one of them, P. E. The defense put up that M. V. was the sweetheart of P. E. and that, of her own accord, she went to the house of appellants’ mother, because her father wanted her to marry another man. Held, the evidence was insufficient to sustain conviction.
2. EVIDENCE; CRIMINAL LAW; NUMBER OF WITNESSES. — Eight witnesses testified for the defense, three of whom appear to be disinterested. Three witnesses testified for the prosecution, only one of whom appears to be disinterested. While the number of witnesses should not, in and of itself, determine the weight of evidence, yet in case of conflicting testimony, the numerical factor may be given certain weight.
2. EVIDENCE; CRIMINAL LAW; NUMBER OF WITNESSES. — Eight witnesses testified for the defense, three of whom appear to be disinterested. Three witnesses testified for the prosecution, only one of whom appears to be disinterested. While the number of witnesses should not, in and of itself, determine the weight of evidence, yet in case of conflicting testimony, the numerical factor may be given certain weight.
D E C I S I O N
ABAD SANTOS, J.:
The appellants, Primitivo Esquilona, Bernabe Esquilona, and Jose Esquilona were tried by the Court of First Instance of Masbate for the crime of rape. Bernabe Esquilona and Jose Esquilona were found guilty and each sentenced to fourteen years, eight months and one day of reclusion temporal, with the accessories of the law, and to pay his share of the costs. Primitivo Esquilona was ordered confined in the Philippine Training School for boys until he reaches the age of 18 years.
The alleged offended party, Marcela Villar, testified that at about 6 o’clock in the afternoon of October 11, 1931, in the barrio of Lajong, municipality of Aroroy, Province of Masbate, while she was on her way to the house of her elder brother Felipe, the three appellants met her on the road. Upon seeing her, they immediately drew out their bolos and, by threat and intimidation, forced her to go to the house of Antifas Esquilona, where again, by threat and intimidation, she was forced to submit to the embrace of Primitivo Esquilona. The testimony of Marcela Villar is in a way corroborated by the testimony of the other witnesses for the prosecution, Victorino Villar and Bernardo de la Cruz.
The defense presented evidence to the effect that Marcela Villar, the offended party, and Primitivo Esquilona, one of the accused, were sweethearts; that Marcela, of her own accord, went to the house of Juana Maglinti, mother of the appellants, because her father wanted her to marry Angeles Montero, whom she did not want to marry.
Eight witnesses testified for the defense as against three for the prosecution. While the number of witnesses should not, in and of itself, determine the weight of evidence, yet in case of conflicting testimony, the numerical factor may be given certain weight. Three of the defense witnesses appear to be disinterested. After a careful consideration of the evidence of record, we entertain serious doubt as to the guilt of the appellants. The appellants, are youngmen; the oldest of them was only 24 years at the time of the trial. We are not disposed to send these three youngmen to prison for over 14 years upon the evidence presented in this case.
The judgment appealed from is reserved and the appellants acquitted, with costs de officio. So ordered.
Street, Malcolm, Vickers and Imperial, JJ., concur.
The alleged offended party, Marcela Villar, testified that at about 6 o’clock in the afternoon of October 11, 1931, in the barrio of Lajong, municipality of Aroroy, Province of Masbate, while she was on her way to the house of her elder brother Felipe, the three appellants met her on the road. Upon seeing her, they immediately drew out their bolos and, by threat and intimidation, forced her to go to the house of Antifas Esquilona, where again, by threat and intimidation, she was forced to submit to the embrace of Primitivo Esquilona. The testimony of Marcela Villar is in a way corroborated by the testimony of the other witnesses for the prosecution, Victorino Villar and Bernardo de la Cruz.
The defense presented evidence to the effect that Marcela Villar, the offended party, and Primitivo Esquilona, one of the accused, were sweethearts; that Marcela, of her own accord, went to the house of Juana Maglinti, mother of the appellants, because her father wanted her to marry Angeles Montero, whom she did not want to marry.
Eight witnesses testified for the defense as against three for the prosecution. While the number of witnesses should not, in and of itself, determine the weight of evidence, yet in case of conflicting testimony, the numerical factor may be given certain weight. Three of the defense witnesses appear to be disinterested. After a careful consideration of the evidence of record, we entertain serious doubt as to the guilt of the appellants. The appellants, are youngmen; the oldest of them was only 24 years at the time of the trial. We are not disposed to send these three youngmen to prison for over 14 years upon the evidence presented in this case.
The judgment appealed from is reserved and the appellants acquitted, with costs de officio. So ordered.
Street, Malcolm, Vickers and Imperial, JJ., concur.
