THE PEOPLE OF THE PHILIPPINE ISLANDS, PLAINTIFF AND APPELLEE, VS. PRIMITIVO ESQUILONA, BERNABE ESQUILONA, AND JOSE ESQUILONA, DEFENDANTS AND APPELLANTS.

That
appellants, Primitivo Esquilona, Bernabe Esquilona, and Jose Esquilona
were tried by the Court of First Instance of Masbate for the crime of
rape. Bernabe Esquilona and Jose Esquilona were found guilty and each
sentenced to fourteen years, eight months and one day of reclusion temporal,
with the accessories of the law, and to pay his share of the costs.
Primitivo Esquilona was ordered confined in the Philippine Training
School for boys until he reaches the age of 18 years.

The
alleged offended party, Marcela Villar, testified that at about 6
o’clock in the afternoon of October 11, 1931, in the barrio of Lajong,
municipality of Aroroy, Province of Masbate, while she was on her way
to the house of her elder brother Felipe, the three appellants met her
on the read. Upon seeing her, they immediately drew out their bolos
and, by threat and intimidation, forced her to go to the house of
Antifas Esquilona, where again, by threat and intimidation, she was
forced to submit to the embrace of Primitivo Esquilona. The testimony
of Marcela Villar is in a way corroborated by the testimony of the
other witnesses for the prosecution, Victorino Villar and Bernardo de
la Cruz.

The defense presented evidence to the effect that
Marcela Villar, the offended party, and Primitivo Esquilona, one of the
accused, were sweethearts; that Marcela, of her own accord, went to the
house of Juana Maglinti, mother of the appellants, because her father
wanted her to marry Angeles Montero, whom she did not want to marry.

Eight witnesses testified for the defense as against three for the
prosecution. While the number of witnesses should not, in and of
itself, determine the weight of evidence, yet incase of conflicting
testimony, the numerical factor may be given certain weight. Three of
the defense witnesses appear to be disinterested. After a careful
consideration of the evidence of record, we entertain serious doubt as
to the guilt of the appellants. The appellants, are youngmen; the
oldest of them was only 24 years at the time of the trial. We are not
disposed to send these three youngmen to prison for over 14 years upon
the evidence presented in this case.

The judgment appealed from is reserved and the appellants acquitted, with costs de oflicio. So ordered.

Street, Malcolm, Vickers, and Imperial, JJ., concur.