People vs.

Dy
G.R. No. 115236-37, January 16, 2003
Ponente: Ynares-Santiago, J.
Facts:
This case is a Motion for Reconsideration for the decision of the Supreme Court which
affirmed the judgment of the Regional Trial Court of Baguio City finding Bryan Dy and
Giovan Bernardino guilty of rape and acts of lasciviousness.
The assailed decision’s facts are as follows: Complainant Gina Marie Mobley, together
with her companion Helen Kathleen Tennican, both American nationals, were exchange
students at the Chengdu University of Science and Technology in Chengdu, Sichuan,
China. Having heard of the renowned Filipino hospitality from their Filipino-American
friends, Gina and Helen decided to spend their semestral break in the Philippines. They
arrived in the country on January 10, 1994. They stayed overnight in Manila then went
to Angeles City the next day.
The following morning, January 12, 1994, they flew over Mt. Pinatubo and viewed the
lahar-covered areas on board an ultralight plane. That afternoon, they were driven from
their hotel to the Philippine Rabbit Bus terminal in Dau, Pampanga, where they were
supposed to take a ride to Baguio City. While waiting for their bus, they went to a
Shakey's Pizza Parlor near the terminal. Accused-appellants Bryan and Giovan, who
are brothers-in-law, were seated at the next table. With them was their driver, Rizal.
Bryan and Giovan offered the girls a ride to Baguio City. Gina and Helen eventually
accepted the offer thinking that they could save some money. They left Shakey's at 7:30
in the evening and boarded a white 1991 four-door Mitsubishi sedan. They checked in
at the Benguet Pines Tourist Inn at 11:00 in the evening. They got two rooms on
opposite sides of the corridor on the second floor. After a while, Bryan and Giovan
asked the girls out for some drinks and dancing at the Songs Jazz Bar along Session
Road. After they left, Giovan, who was driving, said that he was thirsty and wanted to
buy cola drinks. Giovan then drove to what the girls called a convenience store because
it was open at odd hours, but which is actually the Kowloon Restaurant, according to the
boys. Giovan and Bryan alighted and returned after some ten minutes with Giovan
carrying three plastic cups of Sprite or Seven-Up and Bryan, two cups and a plastic bag
containing Chinese food with small lemons to be squeezed on it. Bryan gave Helen and
Gina a cup each. Both girls drank what was given to them. Giovan drove the group to
Club John Hay. Gina felt something gritty in her drink and spat in back into the cup and
had Giovan throw away the cup. Helen finished her drink as well and Giovan likewise
threw the cup into a trash can.
The group went back to the hotel. Helen went to bed. Gina went to the boys’ room for
reasons she cannot remember. She lay down on the bed. Giovan later lay alongside her
and forcefully kissed her. Giovan was trying to take off her pants. He was kissing her
and touching her breasts while he was lying on top of her and inserted his fingers into
her vagina when someone knocked on the door. When someone laid on top of her, she
realized it was Bryan. Bryan raped her. The girls woke up in the afternoon of the next
day and found out that the boys were gone and that the money she had was also gone.
The Regional Trial Court rendered a decision of guilty on the accused.
Issue(s):
Whether or not the trial was hastily conducted as to cast a cloud of doubt on the validity
of the proceeding.
Held:
The Supreme Court answered in the negative. The records show that the proceeding
was not hastily conducted and that they were conducted with due regard to the
right of each party to due process. The Court even says that the trial court should be
commended for conducting a speedy trial. What is of prime consideration is not the
speed by which the trial was conducted but the manner by which the procedural
and substantial requirements were complied with. The records show that these
requirements were adequately met. The Supreme Court denied with finality the motions
for reconsideration.