MANILA, Philippines—The Court of Appeals has affirmed the life sentences imposed on two cousins convicted of raping and murdering a De La Salle University graduate in 2001.
In a 39-page ruling penned by Associate Justice Agnes Reyes Carpio, the appellate court’s 10th Division upheld the Parañaque Regional Trial Court’s conviction of Nieves Constancio and his cousin Ernesto Berry for the rape and killing of DLSU graduate Claudine Mabel Feliciano.
“It may be inferred from the conduct of the accused before, during and after the commission of the crime, showing that they acted with common purpose and design,” the court said. “In this case, the concerted acts of appellants showed unanimity in design, intent and execution of the abduction, rape and killing of (Feliciano).”
Body in creek
Court records showed that in March 2001, Feliciano went to the Alabang Town Center to watch a movie with her friends but failed to return home.
Her body was later found in a creek in San Antonio Valley 3 subdivision in Parañaque City. The victim had been raped and strangled to death.
In affirming Berry and Constancio’s conviction, the appellate court gave weight to the testimony of witnesses Chito Arana and Janette Bales.
Arana, a tricycle driver, said he saw Feliciano’s black Mazda sedan with five men on board at a bridge in San Antonio Valley in the early morning of March 11.
Thrown from bridge
He said he saw two men who were “carrying something” throw whatever it was from the bridge. Arana said he was able to recognize the two men as Constancio and Berry.
On the other hand, Bales said the group, using Feliciano’s car, tried to abduct her on March 12, 2001, from the Unioil gas station in front of Multinational Village in Parañaque City but she was able to flee from the suspects.
Berry, who was arrested two weeks after Feliciano’s rape and murder, admitted he was with the group of suspects when the DLSU graduate was killed as well as when they tried to abduct Bales.
In affirming the life sentences on the two convicts, the Court of Appeals also ordered them to jointly pay P245,000 to the heirs of Feliciano in actual and moral damages.