Appeal likely in rape case ruling
January 25, 2007 | 12:00am
The family of the La Salle student who was raped, killed and thrown into a creek in Parañaque City five years ago is mulling an appeal after one of the three accused was acquitted.
Rolando Feliciano, father of victim Claudine Mabel Feliciano, said while they are happy with the courts decision to convict two of the accused, they want all three sentenced to life in prison.
Nieves Constancio and Ernesto Berry were found guilty of raping and killing the 21-year-old student in 2001 by Parañaque Judge Raul de Leon and were sentenced to life imprisonment.
The third accused, Donardo Pagkalinawan, was acquitted because of the prosecutions failure to prove his guilt beyond reasonable doubt.
De Leon said no witness was able to positively identify Pagkalinawan as one of the attackers.
"We can, however, say that with the conviction of the two accused, there will be closure for us with regards to the case. With that, we are ready to move on," the elder Feliciano told a news conference.
They will consult with prosecution lawyer Marc Anthony Antonio, the possibility of appealing the acquittal.
Meanwhile, former Solicitor General Frank Chavez who also represented the Felicianos, said Constancio was the one responsible for the death of Jaime Ferrer, President Corazon Aquinos former interior secretary.
Constancio was only 16 years old when he was found guilty. Ferrer was killed by rifle fire near his Parañaque City home in August 1987.
Because he was a minor at the time, Constancio was sent to Boystown a rehabilitation institution for boys convicted of crimes. But Constancio later escaped.
Constancio was also a suspect in the 2001 murder of a mother and her son, in a sensational case known in the media as the "Calupig Massacre," Chavez added.
Rolando Feliciano, father of victim Claudine Mabel Feliciano, said while they are happy with the courts decision to convict two of the accused, they want all three sentenced to life in prison.
Nieves Constancio and Ernesto Berry were found guilty of raping and killing the 21-year-old student in 2001 by Parañaque Judge Raul de Leon and were sentenced to life imprisonment.
The third accused, Donardo Pagkalinawan, was acquitted because of the prosecutions failure to prove his guilt beyond reasonable doubt.
De Leon said no witness was able to positively identify Pagkalinawan as one of the attackers.
"We can, however, say that with the conviction of the two accused, there will be closure for us with regards to the case. With that, we are ready to move on," the elder Feliciano told a news conference.
They will consult with prosecution lawyer Marc Anthony Antonio, the possibility of appealing the acquittal.
Meanwhile, former Solicitor General Frank Chavez who also represented the Felicianos, said Constancio was the one responsible for the death of Jaime Ferrer, President Corazon Aquinos former interior secretary.
Constancio was only 16 years old when he was found guilty. Ferrer was killed by rifle fire near his Parañaque City home in August 1987.
Because he was a minor at the time, Constancio was sent to Boystown a rehabilitation institution for boys convicted of crimes. But Constancio later escaped.
Constancio was also a suspect in the 2001 murder of a mother and her son, in a sensational case known in the media as the "Calupig Massacre," Chavez added.
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