GR 109148; (December, 1998) (Digest)
G.R. No. 109148 December 4, 1998
People of the Philippines, plaintiff-appellee, vs. Ernesto Belo, accused-appellant.
FACTS
On October 11, 1991, around 1:00 AM, Leonila Pellosis was in her house in Minalabac, Camarines Sur, when she heard footsteps. Appellant Ernesto Belo forced open the door, announced a hold-up, and poked a double-bladed knife at her neck, demanding money. Out of fear, Leonila handed over P5,060.00 from her cabinet. Appellant then dragged her to the kitchen, forced her to lie on sacks of rice, and forcibly had sexual intercourse with her. Leonila’s daughter, Miriam, witnessed the initial intrusion and, with her siblings, escaped to seek help. Leonila’s husband reported the incident to the police, who later apprehended appellant. An Information was filed accusing appellant of Robbery with Rape. At trial, the prosecution presented the victim, her daughter, a medico-legal officer, and a police investigator. The defense presented appellant and his common-law wife, who testified that appellant was in Bulacan from June to December 1991. The Regional Trial Court convicted appellant of Robbery with Rape and sentenced him to reclusion perpetua, ordered the return of P5,060.00, and payment of P50,000.00 as indemnity.
ISSUE
Whether the trial court erred in finding accused-appellant Ernesto Belo guilty beyond reasonable doubt of the crime of Robbery with Rape.
RULING
The Supreme Court affirmed the trial court’s decision, finding the appeal without merit. All elements of Robbery with Rape were present and proved: appellant employed violence and intimidation by poking a knife to compel the victim to give money, and after taking the money, he raped her. Appellant’s identity was sufficiently established by the victim and her daughter, who recognized him as their former farmhand; illumination from a “gasera” (kerosene lamp) was sufficient for identification. The trial court’s assessment of witness credibility is accorded highest respect. Appellant’s defense of alibi was weak and could not prevail over the positive identification by credible witnesses. The crime of Robbery with Rape is a special complex crime punishable under Article 294 of the Revised Penal Code. The penalty of reclusion perpetua and the awards for restitution and indemnity were affirmed.