GR 220889; (July, 2017) (Digest)
G.R. No. 220889 July 5, 2017
People of the Philippines, Plaintiff-Appellee vs. Marlon Belmonte y Sumagit, et al., Accused; Marlon Belmonte y Sumagit, Accused-Appellant.
FACTS
Accused-appellant Marlon Belmonte, along with his brother Marvin, Enrile Gabay, and Noel Baac (at-large), was charged with Robbery with Rape. The prosecution established that in the early hours of September 1, 2007, in Pasig City, the group, armed with guns and a knife, entered a house where a birthday celebration was being held. They tied up the occupants and stole cash and valuables. During the robbery, accused-appellant and Noel Baac entered the maids’ quarters. Noel, at gunpoint, raped the maid, AAA, while accused-appellant was present inside the locked room.
The Regional Trial Court convicted Marlon Belmonte, Marvin Belmonte, and Enrile Gabay of Robbery with Rape. On appeal, the Court of Appeals acquitted Enrile Gabay on reasonable doubt, convicted Marvin Belmonte of simple robbery only, but affirmed Marlon Belmonte’s conviction for Robbery with Rape. The CA found that Marlon was present inside the room during the rape, facilitating the crime by his armed presence and preventing any help for the victim. Only Marlon Belmonte appealed to the Supreme Court.
ISSUE
Whether the guilt of accused-appellant Marlon Belmonte for the crime of Robbery with Rape was proven beyond reasonable doubt.
RULING
Yes, the Supreme Court affirmed the conviction. The legal logic rests on the principle of conspiracy and the nature of the complex crime of Robbery with Rape under Article 294(1) of the Revised Penal Code. For conspiracy to exist, it is sufficient that the participants had the same purpose and executed it through concerted action. The evidence clearly shows accused-appellant acted in concert with his co-accused in carrying out the robbery.
Crucially, he was not merely a principal by indispensable cooperation in the robbery, but also in the rape. By being inside the locked room armed with a gun during the sexual assault committed by his cohort Noel Baac, he provided moral and material assistance. His armed presence instilled fear in the victim, prevented any possibility of escape or resistance, and ensured the rape could be committed without obstruction. This active participation and shared criminal intent made him a co-conspirator in the rape that was committed on the occasion of the robbery. The complex crime of Robbery with Rape is duly proven, as the rape was perpetrated by reason or on the occasion of the robbery. The Court modified the damages awarded, increasing civil indemnity, moral damages, and exemplary damages to PHP 100,000 each, all with 6% interest per annum from finality until fully paid.