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  • People vs. Erardo

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    Mayr Teruel
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    The Supreme Court upheld the conviction of Marcelino Erardo for raping 12-year old Julie Ann. The Court found the testimony of Jennylyn Cordero, who witnessed the rape, to be credible. While her testimony in court provided more details than her original affidavit, this can be explained by the limited questions she was asked for the affidavit. The Court also rejected the argument that Jennylyn's failure to scream or call for help undermined her credibility, as witnesses may react differently to crimes. Erardo's act of asking Julie Ann's mother for forgiveness further indicated his guilt. The physical evidence and witnesses corroborated Jennylyn's account of Erardo raping the mentally disabled child.

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    105. People vs. Erardo

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    The Supreme Court upheld the conviction of Marcelino Erardo for raping 12-year old Julie Ann. The Court found the testimony of Jennylyn Cordero, who witnessed the rape, to be credible. While her testimony in court provided more details than her original affidavit, this can be explained by the limited questions she was asked for the affidavit. The Court also rejected the argument that Jennylyn's failure to scream or call for help undermined her credibility, as witnesses may react differently to crimes. Erardo's act of asking Julie Ann's mother for forgiveness further indicated his guilt. The physical evidence and witnesses corroborated Jennylyn's account of Erardo raping the mentally disabled child.

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    © All Rights Reserved
    Baixe no formato DOCX, PDF, TXT ou leia online no Scribd
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    168 visualizações1 página

    People vs. Erardo

    Enviado por

    Mayr Teruel
    The Supreme Court upheld the conviction of Marcelino Erardo for raping 12-year old Julie Ann. The Court found the testimony of Jennylyn Cordero, who witnessed the rape, to be credible. While her testimony in court provided more details than her original affidavit, this can be explained by the limited questions she was asked for the affidavit. The Court also rejected the argument that Jennylyn's failure to scream or call for help undermined her credibility, as witnesses may react differently to crimes. Erardo's act of asking Julie Ann's mother for forgiveness further indicated his guilt. The physical evidence and witnesses corroborated Jennylyn's account of Erardo raping the mentally disabled child.

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    © All Rights Reserved
    Baixe no formato DOCX, PDF, TXT ou leia online no Scribd
    Sinalizar o conteúdo como inadequado
    de 1

    PEOPLE vs. ERARDO 10.

    ) Hence, this appeal


    277 SCRA 643 |G.R. No. 119368|August 18, 1997
    PETITION: ISSUE: Whether or not the trial court erred in finding that he committed the
    PLAINTIFF: People of the Philippines crime of rape against Julie Ann arguing that it is incredible that the witness,
    ACCUSED-APPELANT: Marcelino Erardo Jennylyn did not even utter a word upon seeing the alleged act of rape.

    HELD: This contention is untenable. Jennylyn Cordero had testified under


    DOCTRINE: At any rate, testimonial evidence in court carries more weight oath that she did ask accused-appellant why he took advantage of her
    than affidavits. Testimonies given during trials are much more precise and mentally-retardate niece, before taking the victim to her house. While it is
    elaborate than those stated in sworn statements. Ex-parte affidavits are true that this alleged utterance was not mentioned in her affidavit, Jennylyn
    almost always incomplete and often inaccurate for varied reasons, at times Cordero explained, to the satisfaction of the court, that this was so because
    because of partial or innocent suggestion or for want of specific inquiries. the officer who was taking her sworn statement never asked her about it.
    Witnesses cannot be expected everytime, except when told, to distinguish
    between what may be consequential and what may be mere insignificant At any rate, testimonial evidence in court carries more weight than affidavits.
    details. Testimonies given during trials are much more precise and elaborate than
    those stated in sworn statements. Ex-parte affidavits are almost always
    FACTS: incomplete and often inaccurate for varied reasons, at times because of
    partial or innocent suggestion or for want of specific inquiries. Witnesses
    1.) Jennylyn Cordero (aunt of the victim) saw her niece Julie Ann (Victim)
    cannot be expected everytime, except when told, to distinguish between
    a 12 year old mental retardee, waving at the accused Marcelino. what may be consequential and what may be mere insignificant details.
    2.) Jennelyn followed Julie Ann and Marcelino to the bushes
    3.) She saw Marcelino in the act of pulling his pants over his exposed Furthermore, the fact that Jennylyn Cordero neither screamed nor asked for
    sexual organ, and the victim Julie Ann, sitting close to him on the help upon discovering the dastardly act on her niece, does not lessen her
    grass, naked, from the waist-down. credibility as a witness. This Court has held that not every witness to or victim
    4.) She in fact confronted Marcelino on why did he of a crime can be expected to act reasonably and conformably with the
    “pinagsasamantalahan” her niece who is retarded. But the accused expectations of mankind. Witnessing a crime is an unusual experience which
    only ignored her question. elicits different reaction from the witnesses and for which no clear-cut
    5.) Julie Ann was examined by DR. Reyes and then proceeded to the standard form of behavior can be expected or drawn.
    police station where they filed a complaint for rape against Marcelino
    6.) To corroborate Jennylyn’s testimony, the mother og Julie Ann It is also worthy to note the testimony of Mrs. Delia Cordero-Kiam that
    accused-appellant, together with his brother, went to her house to ask for
    testified that the accused went to her house and ask forgiveness for
    forgiveness. This Court has ruled that such an act (of asking for forgiveness)
    what he had done. Thus, admitting that he indeed engaged in sexual
    is undeniably indicative of guilt
    intercourse with Julie Ann
    7.) Dr. Reyes also testified and said that he did not found injuries on the
    external parts of the body of Julie ann but found hymenal lacerations
    8.) These allegations were all denied by the accused and that he never
    saw Julie Ann during that day and that he was working in the saltfarm
    9.) The Trial Court ruled that the accused is guilty of rape having carnal
    knowledge of a woman under 12 years old and demented

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