People Of The Philippines v. Quines

CARPIO-MORALES, J.:

On June 24, 1990, fifteen (15) armed men stormed the house of the spouses Manuel and Estelita Calata in barrio Casingsingan Norte, Amulung, Cagayan. Two days after the incident or on June 26, 1990, Estelita executed a sworn statement charging Eriberto Batuelo, Elpidio Gangan, Roberto Salvador, Martin Soriano and Roberto Balacanao of robbery with rape, along with five other persons. The following day, June 27, 1990, Manuel also executed a sworn statement particularly identifying Soriano as one of the reprobates.

Thereafter or on July 2, 1990, a criminal complaint for robbery with multiple rapes1 was filed by Police Investigator Cuntapay against Balacanao, Batuelo, Gangan, Salvador, Soriano and five John Does. After a preliminary examination conducted by Judge Rafael P. Carag of the Fifth Municipal Circuit Trial Court of Iguig, Cagayan, an appropriate information was recommended to be filed on August 22, 1990. The station commander of the Amulung Police Station later received an anonymous letter2 dated "10-22-90"

divulging that a certain Damaso Cabana was one of the "architects" of the June 24, 1990 incident. Cabana was thus taken into police custody on November 5 , 1990 following which he executed a sworn statement3 dated November 6, 1990 admitting his participation in the incident and identifying his associates as Jessie Acorda, Minio Acorda, Ruben Acorda, Tacio Acorda, Villamor Agana, Amoy Balacanao, Elvis Bangayan, Abraham Camayang, Ensu Caronan, Gil Tambiao, and four (4) other unnamed persons who turned out later to be Batuelo, Gangan, Salvador and Soriano.

A reinvestigation of the case was thus conducted.1a\^/phi1.net After the reinvestigation, Cabana and the fourteen he implicated were charged, by Information4 dated August 29, 1991, before the Regional Trial Court Branch 1 of Tuguegarao, Cagayan for Robbery with Rape allegedly committed as follows: That on or about June 24, 1990, in the municipality of Amulung, Province of Cagayan, and within the jurisdiction of this Honorable Court, the above-named accused, armed with guns, conspiring together and helping one another with intent to gain and by the use of force, violence and intimidation of persons entered the house of the complainant[s], Mr. and Mrs. Manuel A. Calata, and once inside the house did then and there willfully, unlawfully and feloniously take, steal and carry away against the will of the owner, the following items: One (1) Karaoke sing-along valued at P4,500.00 One (1) Wall clock valued at 300.00 Assorted jewelries all valued at 3,000.00 Assorted merchandize all valued at 2,500.00 One (1) Samurai valued at 550.00 Cash money in the amount of 300.00 PNB and LAND BANK Bank Books, a wallet containing pertinent papers, assorted keys and other items TOTAL VALUE