October 2009 - Philippine Supreme Court Decisions/Resolutions
Philippine Supreme Court Jurisprudence
G.R. No. 179748 - People of the Philippines v. Feblonelybirth T. Rubio and Joan T. Amaro
SECOND DIVISION
[G.R. NO. 179748 : October 2, 2009]
PEOPLE OF THE PHILIPPINES, Appellee, v. FEBLONELYBIRTH T. RUBIO AND JOAN T. AMARO, Appellants.
D E C I S I O N
CARPIO MORALES, J.:
Appellants Feblonelybirth Rubio (Rubio) and Joan Amaro (Amaro) challenge the August 17, 2006 Decision1 of the Court of Appeals which affirmed the April 12, 2002 Decision2 of Branch 45 of the Regional Trial Court of Bais City finding them guilty of rape with homicide.
The Amended Information3 of October 25, 1999 indicting appellants reads:
That on or about 6:00 o'clock [sic] in the morning of July 21, 1999 at [xxx], Bais City, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, conspiring, confederating and helping one another, and, by means of violence and intimidation, did then and there willfully, unlawfully and feloniously take turn in having carnal knowledge with a girl named [AAA4], a minor, sixteen (16) years of age, against her will and, that on the occasion of the said rape and for the purpose of silencing her, the herein accused[,] in pursuance of their conspiracy and using bladed weapons which they were then armed and provided, did then and there willfully, unlawfully and feloniously, and with evident premeditation and taking advantage of their superior number and strenght [sic] and with intent to kill, attack, assault and stab the victim thereby inflicting upon her the following injuries[,] to wit:
Head -hematoma left infra-orbital area.
-incised wound #1 - 2 cms in length at the left side of the nose.
-Hematoma mid-upper lip.
Neck -stab wound #1 - supra clavicular area