People vs Madsali

48.3 Madsali Facts: This is an appeal from the conviction of Sajiron Lajim (Sajiron) and Maron Lajim (Maron) for the crime of abduction with rape and Egap Madsali and Sajiron Lajim for serious illegal detention Information for abduction with rape: rape : That on or about the ! st da" of #ul"$ !%%&$ in 'aranga" Malitub$ Municipalit" of 'ataraa$ rovince of alawan$ hilippines$ and within the jurisdiction of this *onorable +ourt$ the above,named accused conspiring$ confederating together and helping one another and b" means of force$ threat$ violence violence and intimidatio intimidation$ n$ while armed with a bladed bladed weapon -nown as . Badong/$ Badong/$ did then and there willfull"$ unlawfull" and feloniousl" ta-e and carr" awa" one 000$ a girl of !1 "ears of age$ against her will and consent and brought to the forest and on the occasion thereof the said accused b" means of  force$ threat$ violence and intimidation$ and while armed with a -nife$ accused Sahiron Lajim$ with lewd design$ design$ did then and there willfull" willfull"$$ unlawfull" unlawfull" and feloniousl" feloniousl" have carnal -nowledge -nowledge with said 000$ against her will and consent$ to her damage and prejudice That on the occasion of the sai d 2ape$ accused Maron Lajim helped Sahiron Lajim b" acting as loo-,out during the commission of the said crime +34T2025 T3 L06 Information for serious illegal detention: detention: That on or about the 7 nd  da" of #ul"$ !%%& in the morning up to 8ecember !9$ !%%&$ at 'aranga" Malitub$ Municipalit" of 'ataraa$ rovince of alawan$ hilippines$ and within the jurisdiction of this *onorable +ourt$ the above,named accused conspiring$ confederating together and mutuall" helping helping one another$ another$ with the use of force$ violence and intimidati intimidation$ on$ did then and there willfull"$ willfull"$ unlawfull" and feloniousl" ta-e and detain 000$ an unmarried woman under !9 "ears of age in the house of Egap Madsali thereb" depriving said 000 of her libert" all against her will and as a result of  that illegal detention$ said 000 was not able to go home to her mother for a period of more than five (9) months +34T2025 T3 L06 Prosecution: Fifteen,"ear,old Prosecution: Fifteen,"ear,old 000 and her aunt non 8ama were fetching water in a cave when suddenl"$ Sajiron arrived$ running towards them and carr"ing a badong (bolo) badong (bolo) and a gun$ hac-ed 8ama and threatened to shoot and -ill them 6hen non 8ama left the place to report the incident$ Maron$ Sajiron;s father$ suddenl" appeared with a gun and told 000 to come with them 6hen 000 refused$ Sajiron and Maron Maron tied her hands behind her bac-$ covered her mouth with a piece piece of cloth$ and brought her to the forest 8uring the entire time that 000 was being se!$ the accused accused Sa?j@iron Sa?j@iron Lajim and Maron Lajim are hereb" hereb" sentence sentenced d to suffer suffer the the penalt penalt" " of Reclusion Perpetua or fort" fort" ("ears) and each of the accused are ordered to indemnif" the complainant 000 the same amount of 9=$===== as and for civil indemnit"A 7

n +riminal +riminal +ase 4o !7B=%$ the accused accused Egap Madsali Madsali and Sa?j@iron Sa?j@iron Lajim are hereb" sentenced sentenced to suffer suffer the penalt" penalt" of Reclusion Reclusion Perpetua Perpetua and both accused are ordered to separatel" indemnif" the complainant 000 the amount of 9=$===== as and for civil indemnit"

Issues: !) 6C4 6C4 +0 E22E E22E8 8 4 D43 D432 24D 4D T*E T*E ML ML+0 +0T T34 34 3F T*E 9,M34 9,M34T* T* 40+ 40+T T34 34 '5 T*E T*E 2 20T 0TE E +3ML0404T;S M3T*E2 4 2E32T4D T*E 0LLEDE8 08'+T34 048 LLED0L 8ETE4T34 3F *E2 80D*TE2 and 7) 6C4 +0 E22E8 4 D4324D T*E 42E'TTE8 42E'TTE8 TESTM345 3F T*E 20TE 20TE +3ML0404T;S 364 F0T*E2 F0T*E2 Ruling: 8ela" Ruling: 8ela" in reporting an incident of rape due to death threats does not affect the credibilit" of the complainant$ nor can it be ta-en against her True enough$ when Egap learned that 000Gs mother did what he forbade her to do$ he made

good his threat and shot her at the bac- ''';s dela" in reporting the incident for five months should not be ta-en against her 0nent the second assignment of error$ 000 testified that she had never seen her father since she was a child$ as her father had abandoned them ''' testified that she and her husband had been separated for a long time$ and she did not -now his whereabouts She further said that +++ left their place in March !%>B to go to Mala"sia$ and that was the last time she saw him t is ver" surprising that +++$ after his long absence$ suddenl" appeared and testified for the defense +++ would li-e to impress upon this +ourt that he has maintained constant communication with his famil"A however$ no single witness was presented to corroborate this claim mam Musli Mohammad$ while testif"ing as prosecution witness$ attested that the parents of 000 and Sajiron were not present during the marriage$ thus controverting +++;s allegation that he was present and gave consent to the marriage 0lthough mam Musli Muhammad$ when presented as an accused witness$ recanted his earlier testimon" that +++ was not present at the wedding$ the same cannot be given credit 2ecantations are frowned upon b" the courts Li-e alibi$ denial is an inherentl" wea- defense$ which cannot prevail over the positive and credible testimonies of the prosecution witnesses t is highl" improbable that a "oung girl$ such as 000$ would concoct a horrid stor" and impute to the accused a crime so grave and subject herself and her famil" to the humiliation and invasive ordeal of a public trial just to avenge the alleged non,pa"ment of the dowr"$ unless she be impelled b" a genuine desire to e