CA affirms life term on suspects in rape-slay of La Salle student

THE Court of Appeals (CA) has affirmed the guilty verdict meted by a trial court against two cousins who raped then strangled to death a La Salle student before dropping her body in a creek inside a posh subdivision in Parañaque City in March 2001.

In a 39-page decision penned by Associate Justice Agnes Reyes-Carpio, the CA’s Tenth Division found no grave abuse of discretion on the part of Judge Raul de Leon of the Paranaque Regional Trial Court branch 258 who meted life imprisonment on Nieves Constancio and his cousin Ernesto Berry.
The CA said that Constancio and Berry conspired in abducting the victim and took turns in raping her and beating her up. The accused then strangled her, causing her instantaneous death, afterwards decided to dump her body at the San Antonio Valley subdivision creek.

“There is conspiracy when two or more persons agree to commit a felony and decide to commit it. Conspiracy need not be proven by direct evidence. It may be inferred from the conduct of the accused before, during and after the commission of the crime, showing that they acted with common purpose and design,” the CA ruled.

“In this case, the concerted acts of appellants showed unanimity in design, intent and execution of the abduction, rape and killing of AAA (victim),” the court added.

The appellate court said the trial court was correct in giving credence to the testimony of prosecution witnesses over the bare defense of alibi of the two accused, as well as the extrajudicial confession of Berry to ABS-CBN reporter Dindo Amparo, narrating their commission of the crime upon Berry’s arrest two weeks after.

Among the prosecution witnesses were tricycle driver Chito Arana and Janette Bales, the victim’s friend who herself almost became a victim of the accused.

Arana testified that while he was plying his route, he saw the victim’s black Mazda car in the early morning of March 11, 2001 parked at the bridge of San Antonio Valley with five men on board. He then saw two of the men alight from the car carrying something which was thrown over the bridge.

He added that he was able to identify the two men as Constancio and Berry because there was a light coming from a nearby lamp post and that the car’s windows were open halfway.

Bales, on the other hand, testified that the accused group also attempted to abduct her using the victim’s car around 3 a.m. of March 12, while she was at Unioil gasoline station located in front of Multinational Village, Parañaque City waiting for a ride home after coming from work.

Another accused, Donardo Pagkalinawan, was acquitted by the Paranaque RTC as prosecutors failed to prove his guilt beyond reasonable doubt.

The CA also affirmed that the trial court’s order for the accused to jointly pay the heirs of Feliciano the amount of P245,000 as actual and moral damages. (JCV/Sunnex)

Source: http://www.sunstar.com.ph/manila/local-news/2012/03/19/ca-affirms-life-term-suspects-rape-slay-la-salle-student-212048

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