The Supreme Court affirmed the conviction of petitioner Guillermo Sarabia for grave coercion. It held that the testimonial discrepancies mentioned by Sarabia were irrelevant and tended to strengthen the complainants' credibility. It also found that the four year lapse between the incident and testimonies explained memory lapses. Further, it believed the complainants' version given Sarabia's position of authority over the then-teenage complainants and his threats to kill them. The Court also rejected Sarabia's double jeopardy argument, finding the charges were not the same as an earlier robbery case.
The Supreme Court affirmed the conviction of petitioner Guillermo Sarabia for grave coercion. It held that the testimonial discrepancies mentioned by Sarabia were irrelevant and tended to strengthen the complainants' credibility. It also found that the four year lapse between the incident and testimonies explained memory lapses. Further, it believed the complainants' version given Sarabia's position of authority over the then-teenage complainants and his threats to kill them. The Court also rejected Sarabia's double jeopardy argument, finding the charges were not the same as an earlier robbery case.
The Supreme Court affirmed the conviction of petitioner Guillermo Sarabia for grave coercion. It held that the testimonial discrepancies mentioned by Sarabia were irrelevant and tended to strengthen the complainants' credibility. It also found that the four year lapse between the incident and testimonies explained memory lapses. Further, it believed the complainants' version given Sarabia's position of authority over the then-teenage complainants and his threats to kill them. The Court also rejected Sarabia's double jeopardy argument, finding the charges were not the same as an earlier robbery case.
FACTS: ● June 23, 1991, 8:00 pm: o Complainant Josephine Picos-Mapalad and her then boyfriend (now husband), complainant Anastacio Mapalad were on a date at one of the grandstands inside the Garcia Sports Complex, when they were approached by petitioner o He focused his flashlight on them; at gunpoint, he then asked the two complainants to perform sexual acts against their will; afterwards, he extorted Php 100 from the two, and asked Mapalad to buy cigarettes for him; while Mapalad was gone, he asked Picos-Mapalad to masturbate him o Afterwards, he allowed the two complainants to leave with the threat that he will kill them if they tell anyone ● Despite these threats, three informations for grave coercion were filed by the complainants against the petitioner ● Sarabia’s version of the story: o Vehemently denied the accusations, and claimed that he merely approached the two to warn them that the place was dangerous; upon his warnings, Picos-Mapalad screamed at him and the two refused to leave o Not wanting an altercation, he simply left and headed home ● The Tagbilaran MTC rendered a decision in favor of complainants; Sarabia was sentenced to suffer 6 months of arresto mayor, and to pay a Php 500 fine ● This decision was affirmed by both the Bohol RTC and the CA
ISSUE AND HELD:
● WoN the CA erred in affirming Sarabia’s conviction. NO. o Sarabia argued: ▪ Complainants’ testimonies are replete with contradictions which put their credibility in serious doubt; that under the principle of falsus in uno, falsus in omnibus, inasmuch as the complainants lied and contradicted their statements many times, it is safe to conclude that they also lied about their other statements to the prejudice of petitioner ▪ The fact that complainants did not report the incident to the authorities right away when they had every opportunity to do so; story was entirely fabricated to make him pay for having investigated Picos-Mapalad’s brother in an earlier case o SC ruled: ▪ When a conviction hinges on the credibility of witnesses, the assessment of the trial court is accorded the highest degree of respect, should not be disturbed without any compelling reason to do so; The testimonial discrepancies mentioned by the petitioner are irrelevant ones which tend to strengthen, rather than weaken, credibility as they erase any suspicion of rehearsed testimony; when complainants testified, more than four years had elapsed from the time the incident in question took place; memory lapses therefore are understandable ▪ The petitioner is a figure of authority, while the two complainants are both unschooled teenagers at that time; it needs no stretch of the imagination that when he threatened to kill the two if they reported the incident,they entirely and utterly believed that he would make good on his promise o Sarabia argued: ▪ Present action would cause double jeopardy since the incident which gave rise to the case at hand is also the subject of another criminal case for robbery with violence or intimidation against persons o SC ruled: ▪ To raise the defense of double or second jeopardy, the following elements must be present: ● A first jeopardy must have attached prior to the second ● The first jeopardy must have terminated ● The second jeopardy must be for the same offense as that in the first. ▪ Third element is not present; the charge in this present case is not the same, nor is an attempt to commit or a frustration thereof, nor does it necessarily include or is included in, the charge for robbery