Diega v CA digest.pdf

Diega vs. Court of Appeals • Information was filed -> against accused Erpascual Diega -> for raping AAA and strangulate her with wood vine causing her death. • Facts show that AAA is a 13 year old high school student passes by a farm, where accused Diega works as a security guard, on her way to school and back home. • A certain Juanito testified that he was ordered by accused to tie a vine around AAA’s neck - > he also discovered that AAA no longer had her undergarments. • He obeyed out of fear. • AAA’s aunt also testified that accused always looked lecherously at her niece. At one time stated “Misis, ingatan mo ang iyong pamagkin”. • RTC -> convicted accused -> of rape with homicide • CA affimred with modification -> complex crime of rape with homicide • Accused contends that he was denied due process -> it was only the sworn statements of the prosecution witnesses-> that served as basis for the issuance of a warrant for his arrest. • Illegality of his arrest is also apparent from his detention for five days without being charged of any offense. ISSUE: WON Diega’s arrest is valid? HELD: • YES 1) He was deemed to have waived -> his right to assail legality of his arrest: a) he never questioned the legality thereof, b) he even voluntarily entered his plea, instead of filing a motion to quash the information for lack of jurisdiction over his person • Thus, he voluntarily submitted himself to the court. (by entering his plea) 2) . However, in view of the subsequent passage of RA 9346, entitled “An Act Prohibiting the Imposition of the Death Penalty in the Philippines,” we are mandated to impose on the appellant the penalty of reclusion perpetua without eligibility for parole.

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Transcript of Diega v CA digest.pdf

Diega vs. Court of Appeals

Information was filed -> against accused Erpascual Diega -> for raping AAA and strangulate her with wood vine causing her death.

Facts show that AAA is a 13 year old high school student passes by a farm, where accused Diega works as a security guard, on her way to school and back home.

A certain Juanito testified that he was ordered by accused to tie a vine around AAAs neck -> he also discovered that AAA no longer had her undergarments.

He obeyed out of fear.

AAAs aunt also testified that accused always looked lecherously at her niece. At one time stated Misis, ingatan mo ang iyong pamagkin.

RTC -> convicted accused -> of rape with homicide

CA affimred with modification -> complex crime of rape with homicide

Accused contends that he was denied due process -> it was only the sworn statements of the prosecution witnesses-> that served as basis for the issuance of a warrant for his arrest.

Illegality of his arrest is also apparent from his detention for five days without being charged of any offense.

!ISSUE: WON Diegas arrest is valid?

!HELD:

YES

1) He was deemed to have waived -> his right to assail legality of his arrest: a) he never questioned the legality thereof, b) he even voluntarily entered his plea, instead of filing a motion to quash the information for lack of jurisdiction over his person

Thus, he voluntarily submitted himself to the court. (by entering his plea)

!2) . However, in view of the subsequent passage of RA 9346, entitled An Act Prohibiting the Imposition of the Death Penalty in the Philippines, we are mandated to impose on the appellant the penalty of reclusion perpetua without eligibility for parole.

!!!!