G.R. No. 251631 , August 27, 2020
People of the Philippines, Plaintiff-Appellee, vs. Atilano Agaton y Obico, Accused-Appellant.

FACTS

Accused-appellant Atilano Agaton y Obico, along with Edgar Evangelio, Joseph Evangelio, and Noel Malpas, was charged with the special complex crime of Robbery with Rape. The Information alleged that on October 3, 2001, in Tacloban City, the accused, conspiring and armed with a handgun and bladed weapons, forcibly entered the house of spouses BBB and CCC. By means of violence and intimidation, they took various pieces of jewelry, cash, and other personal properties. On the occasion of the robbery, by means of force and intimidation, they had carnal knowledge of AAA, a 17-year-old minor, against her will. Appellant pleaded not guilty. During the trial, the prosecution presented AAA, who testified that four armed men entered the house, hogtied the occupants, and covered their eyes. She and another occupant, EEE, were brought to the bathroom by Joseph Evangelio and Noel Malpas. When she resisted being undressed, her head was banged against the wall, causing her to lose consciousness. Upon regaining consciousness, she was half-naked, felt pain in her vagina, and saw blood. A medical examination confirmed recent sexual intercourse. The defense of appellant was alibi and denial. The Regional Trial Court convicted appellant of Robbery with Rape. The Court of Appeals affirmed the conviction but modified the damages awarded. Appellant appealed, arguing the prosecution failed to prove his guilt beyond reasonable doubt for both robbery and rape.

ISSUE

Whether the Court of Appeals erred in affirming appellant’s conviction for the special complex crime of Robbery with Rape.

RULING

The Supreme Court modified the appealed decision. It found that the prosecution proved beyond reasonable doubt appellant’s guilt for the crime of Robbery. The evidence established that appellant, in conspiracy with others, armed and through violence and intimidation, took personal properties from the victims’ house. However, the Court found that the prosecution failed to prove beyond reasonable doubt appellant’s criminal liability for the rape. The evidence did not establish that appellant had actual knowledge of, consented to, or could have prevented the rape committed by his co-accused Joseph Evangelio and Noel Malpas. The rape was not proven to be a necessary consequence of the robbery conspiracy. Therefore, appellant is liable only for the crime of Robbery, not the complex crime of Robbery with Rape. The Court sentenced appellant to an indeterminate penalty of six (6) years of prision correccional, as minimum, to fourteen (14) years, eight (8) months, and one (1) day of reclusion temporal, as maximum. He was ordered to return the stolen items or pay their value, and to pay AAA P50,000.00 as civil indemnity, P50,000.00 as moral damages, and P25,000.00 as exemplary damages, with interest.