People vs. Palma

95. PEOPLE OF THE PHILIPPINES, appellee, vs.
NELSON PALMA y HANGAD, male passerby helped her by giving her a pair of short pants, and escorted her to
appellant., G.R. No. 189279 | March 9, 2010 |Nachura, J. Bagong Ilog Barangay Hall, where the incident was entered in the police blotter. The
Topic: Motion to Quash (rule 117) following day, AAA underwent medical examination.
Doctrine: An accused is estopped from assailing the legality of his arrest if he fails to
raise this issue, or to move for the quashal of the information against him on this On December 16, 2004, while conducting their routine patrol, members of the
ground, before arraignment. barangay security force chanced upon appellant, whom they found sleeping, using
several ladies’ wallets as pillows, under the C-5 bridge, near the place where AAA
Emergency Recit: AAA was raped and robbed by Palma in a dark place under the C- was raped. It appearing that appellant was drunk and recalling the rape incident
5 bridge. When AAA reported the crime, members of the barangay security force that occurred a few days earlier, the barangay security force brought appellant to
chanced upon Palma, sleeping under the same bridge, using several ladies’ wallets the Barangay Hall for verification. That same day, AAA positively identified appellant
as pillows. It appearing that appellant was drunk and recalling the rape incident that as her assailant. Appellant immediately bowed his head and asked AAA for
occurred a few days earlier, the barangay security force brought appellant to the forgiveness.
Barangay Hall for verification. He was then identified by AAA. The RTC convicted
him of Robbery with rape. CA Affirmed RTC decision. ISSUE: W/N appellant’s Appellant was charged in an Information for Robbery with Rape. When arraigned,
warrantless arrest was unlawful. HELD: No. the SC have consistently ruled that an appellant pleaded "not guilty." Appellant denied liability and insisted that he only
accused is estopped from assailing the legality of his arrest if he fails to raise this saw AAA in the precinct. He claimed that, on December 7, 2004, he was vending
issue, or to move for the quashal of the information against him on this ground, cigarettes at the corner of Crossing and Mandaluyong, and that he slept in
before arraignment. Here, appellant was arraigned, entered a plea of not guilty and Mandaluyong afterwards. When questioned by the court, he, however, admitted
actively participated in his trial. He raised the issue of the irregularity of his arrest that he indeed slept under the C-5 bridge on the date AAA was raped. He later on
only during his appeal to the CA. He is, therefore, deemed to have waived such changed his statement by saying that he only slept under the bridge on the night he
alleged defect. was apprehended.
Facts: On December 7, 2004, , AAA, while walking along the C-5 Bridge in Bagong RTC: Found respondent guilty beyond reasonable doubt of Robbery with Rape, and
Ilog, Pasig City, noticed that a man had followed her after she passed the talipapa. sentenced him to suffer the penalty of reclusion perpetua.
Suddenly, the man placed his arm over her shoulder, poked a sharp object on the
left side of her body, then instructed her to go with him. When she turned her head CA: Affirmed RTC decision in its entirety.
towards the man, she recognized the assailant (although then, she did not know his
name) as she regularly saw him at the bridge every time she and her co- workers Issue: W/N appellant’s warrantless arrest was unlawful.
would pass by.
Ruling: No. we have consistently ruled that an accused is estopped from assailing
Appellant forcibly brought AAA to a dark place under the bridge, covered by big the legality of his arrest if he fails to raise this issue, or to move for the quashal of
stones that blocked the view of passersby. There, he asked if she had a cellular the information against him on this ground, before arraignment. Here, appellant
phone and some money. She replied in the affirmative. Then, appellant hit her on was arraigned, entered a plea of not guilty and actively participated in his trial. He
the stomach and told her to undress. But she refused. He thus pushed her towards raised the issue of the irregularity of his arrest only during his appeal to the CA. He
the sofa (found under the bridge), slashed her clothes and underwear and is, therefore, deemed to have waived such alleged defect by submitting himself to
threatened her with the knife. When AAA was already naked, appellant lowered his the jurisdiction of the court through his counsel-assisted plea during the
own short pants and briefs, and forcibly inserted his penis into her vagina and arraignment, by actively participating in the trial, and by not raising the objection
continued pushing it in for about two (2) to three (3) minutes. After satisfying his before his arraignment.
lust, he withdrew his penis and fixed himself. AAA wanted to run away, but she
could not do so as she was totally naked. Dispositive: WHEREFORE, premises considered, the Court of Appeals Decision dated
June 25, 2009 is AFFIRMED, with the following MODIFICATIONS: 1) appellant Nelson
Appellant thereafter grabbed AAA’s bag and took her cellular phone and Palma y Hangad is sentenced to suffer the penalty of reclusion perpetua without
transportation money amounting to ₱40.00. AAA was able to locate only her blouse eligibility for parole; 2) the award of civil indemnity is INCREASED from ₱50,000.00
that she used to cover herself. She came out from under the bridge to seek help. A to ₱75,000.00; 3) the award of moral damages is increased from ₱50,000.00 to
₱75,000.00; and 4) the award of exemplary damages is REDUCED from ₱50,000.00
to ₱30,000.00.

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95. PEOPLE OF THE PHILIPPINES, appellee, vs.

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