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People Vs Eduardo Capillo, And Alfredo Capillo Jr. And Alfredo Capillo Sr.

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. EDUARDO CAPILLO, and ALFREDO CAPILLO JR. and ALFREDO CAPILLO SR., accused-appellants.

G.R. No. 123059 | 1999-11-25

D E C I S I O N

BELLOSILLO, J.:

The brothers Eduardo Capillo alias "Eddie" and Alfredo Capillo Jr. alias "Oniok," together with their father Alfredo Capillo Sr., were charged with Rape with Homicide committed against one Jonalyn Garnizo. It was alleged in the Information that the Capillos conspired in having sexual intercourse with the victim through force and that by reason or on the occasion thereof, taking advantage of their superior strength, and with treachery choked her to death.[1]

On 31 January 1995 the trial court found all three (3) accused guilty but only of rape. It sentenced each of them to reclusion perpetua[2] and ordered...