G.R. No. 125550 July 28, 1999
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. LUDIGARIO CANDELARIO and GERRY LEGARDA, accused-appellants.

FACTS

Accused-appellants Ludigario Candelario and Gerry Legarda, together with Joel Benoza (at large), were charged with Robbery with Multiple Rape. On March 24, 1995, in Barangay Baybay, Roxas City, the accused, armed with deadly weapons, conspired to rob Maribel Degala of P700.00 cash and a pair of maong shorts valued at P75.00. On the occasion of the robbery, the three accused, by means of violence and intimidation, had carnal knowledge of Maribel Degala against her will. The prosecution established that the accused, while Maribel was with her boyfriend at a beach resort cottage, barged in, threatened them with weapons, chased away the boyfriend, and then robbed Maribel. They then dragged her to a secluded pandan grove where all three alternately raped her. Maribel managed to escape after kicking Legarda. A medical examination confirmed the presence of spermatozoa. The trial court found accused-appellants guilty. Candelario was sentenced to three death penalties. Legarda, being a minor at the time, was sentenced to three penalties of reclusion perpetua. Both were ordered to pay moral damages.

ISSUE

The primary issue is the correctness of the conviction for the complex crime of Robbery with Multiple Rape and the imposition of the death penalty.

RULING

The Supreme Court affirmed the conviction but modified the penalties and damages. The Court held that the prosecution proved the elements of robbery and rape beyond reasonable doubt. The crimes were committed by more than two persons with the use of deadly weapons. Conspiracy was evident from their collective actions. For the complex crime, the penalty for the most serious crime (rape) in its maximum period is imposed. Since the rapes were qualified by being committed by three persons and with the use of deadly weapons, the penalty is death. For Candelario, the death penalty for each count of rape was affirmed. For Legarda, the privileged mitigating circumstance of minority was applied, reducing his penalty to reclusion perpetua for each count. The Court modified the damages, ordering accused-appellants to indemnify the victim P75,000.00 as civil indemnity and P50,000.00 as moral damages for each count of rape. The records were ordered forwarded to the Office of the President for possible executive clemency.