GR 92355; (January, 1991) (Digest)
G.R. No. 92355 ; January 24, 1991
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. PEDRING CALIXTRO, CELSO FERRER and LOUIE FERRER, accused, PEDRING CALIXTRO, accused-appellant.
FACTS
Accused-appellant Pedring Calixtro, along with Celso Ferrer and Louie Ferrer, was charged with Robbery with Rape. The prosecution evidence established that on the night of April 24, 1989, the three accused, armed with a bladed weapon, forcibly entered the house of Edeliza Astelero in Guimba, Nueva Ecija, by kicking and hacking the door. They dragged Edeliza to a field, where Calixtro, after threatening to kill her if she refused, succeeded in having carnal knowledge of her while his co-accused held her arms and pointed a weapon at her neck. Celso Ferrer then took her ring and earrings. Subsequently, Celso and Louie Ferrer also took turns raping her. The victim managed to escape while the three debated whether to kill her. Her testimony was corroborated by a barangay tanod who witnessed the initial intrusion and dragging, and by medical findings showing sperm cells and physical injuries consistent with struggle and sexual assault.
The appellant denied participation, claiming he was at a water pump, heard shouts, and saw the Ferrers with a naked woman. He alleged he tried to help by giving her a dress and fought with Celso Ferrer. The trial court rejected his defense, finding the victim’s testimony credible and consistent, and convicted him of rape.
ISSUE
Whether the trial court erred in convicting accused-appellant Pedring Calixtro of three counts of rape based on conspiracy.
RULING
The Supreme Court affirmed the conviction but modified the penalty. The Court upheld the trial court’s assessment of the victim’s credibility, noting her positive identification and the corroborative testimonies and medical evidence. It found the appellant’s alibi weak and unsubstantiated.
On the legal issue of conspiracy, the Court ruled that the successive rape of the victim by the three accused, with the others actively facilitating the act by holding the victim down and intimidating her, clearly established a conspiracy. In conspiracy, the act of one is the act of all. Consequently, appellant Calixtro is criminally liable not only for his own act of rape but also for the rapes committed by his co-conspirators, Celso and Louie Ferrer. Therefore, he is guilty of three separate counts of rape.
The penalty for each rape under the Revised Penal Code is reclusion perpetua. The Court thus affirmed the conviction but increased the penalty to three penalties of reclusion perpetua. Appellant was also ordered to indemnify the victim P30,000.00 for each count of rape, totaling P90,000.00.