GR 230549; (December, 2020) (Digest)
G.R. No. 230549 , December 1, 2020
People of the Philippines, Plaintiff-Appellee, vs. Glenn Barrera y Gelvez, Accused-Appellant.
FACTS
Accused-appellant Glenn Barrera was charged with Robbery with Rape. The prosecution alleged that in the early morning of February 2, 2013, he entered the house of BBB by removing a window jalousie. Once inside, he stole a DVD player and a television. He then proceeded to the second floor where he sexually assaulted the seven-year-old daughter, AAA, by licking her vagina. The child’s shouts alerted her parents, leading to a chase and Barrera’s apprehension. The defense presented an alibi, claiming Barrera was at home having breakfast and later heading to the sea, and denied the charges.
The Regional Trial Court found Barrera guilty beyond reasonable doubt of Robbery with Rape under Article 293 in relation to Article 294 of the Revised Penal Code and sentenced him to reclusion perpetua. The Court of Appeals affirmed the conviction but modified the penalties and increased the damages. Barrera appealed to the Supreme Court.
ISSUE
Whether the Court of Appeals erred in affirming the conviction of the accused-appellant for the crime of Robbery with Rape.
RULING
The Supreme Court affirmed the conviction but modified the legal qualification of the crime and the penalty. The Court held that the prosecution successfully proved the elements of both robbery and rape through the credible and consistent testimonies of the victim and her father. The defense of denial and alibi could not prevail over the positive identification.
However, the Court corrected the lower courts’ legal characterization. The Information charged the acts as a single crime of Robbery with Rape under Article 293 of the RPC. The Court clarified that Republic Act No. 8353 (The Anti-Rape Law of 1997) reclassified rape as a crime against persons. Consequently, the special complex crime of Robbery with Rape under the RPC no longer exists when the rape is defined under RA 8353. The proper designation is two separate crimes of Rape under Article 266-A(2) of RA 8353 and Robbery. Applying the rules on complex crimes under Article 48 of the RPC, the penalty for the more serious crime (Rape) should be imposed in its maximum period. Considering the aggravating circumstance of dwelling, the penalty for rape is reclusion perpetua. The Court affirmed this penalty but deleted the ineligibility for parole imposed by the CA, as RA 9346 does not apply to crimes punished by reclusion perpetua under the RPC. The awards for civil indemnity, moral damages, and exemplary damages were sustained with interest.