G.R. No. 230549 , December 1, 2020
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. GLENN BARRERA Y GELVEZ, ACCUSED-APPELLANT.

FACTS

The accused, Glenn Barrera y Gelvez, was charged under an Information dated February 4, 2013. It was alleged that on or about February 2, 2013, in Calamba City, with intent to gain and by means of force upon things, he willfully entered the house of private complainant BBB. Once inside, he stole a portable DVD and a television. On the same occasion, with lewd design, he sexually assaulted AAA, a seven-year-old minor, by pulling down her shorts and inserting his tongue inside her vagina. The trial court convicted the accused of the special complex crime of Robbery with Rape under Article 293, in relation to Article 294, of the Revised Penal Code (RPC), and imposed the penalty of reclusion perpetua. The Court of Appeals affirmed the conviction with modifications. The accused appealed.

ISSUE

Whether the accused should be held liable for the special complex crime of Robbery with Rape, or for two distinct crimes of Robbery with force upon things and Sexual Assault.

RULING

Justice Caguioa, in his Concurring and Dissenting Opinion, concurred in the result that the accused should be held liable for two distinct crimes: (1) Robbery by the use of force upon things under Article 299 of the RPC, and (2) Sexual Assault under Article 266-A(2) of the RPC. However, he dissented from the rationalizations of the ponencia.
The opinion held that the present case does not involve the special complex crime of “Robbery with Rape” as defined under Article 294 of the RPC. The special complex crime of Robbery with Rape is peculiar to robberies committed through violence against or intimidation of persons, as per Article 294(1). In this case, the Information alleged and the evidence proved that the robbery was committed with force upon things (by removing a window jalousie to enter the house), not with violence or intimidation against persons. Since the element that the taking of property be committed with violence or intimidation against persons is absent, the special complex crime of Robbery with Rape is not applicable.
Instead, all elements of Robbery with force upon things under Article 299(a)(2) of the RPC, as amended, are present: the accused entered an inhabited house; he entered by removing a window jalousie; and he took personal property. The sexual assault committed was a separate act. Therefore, the accused is liable for two separate crimes. The discourse in the ponencia regarding what kind of rape is included in “Robbery with Rape” was deemed uncalled for, as the case did not involve that special complex crime.