GR 100391 92; (September, 1994) (Digest)
G.R. No. 100391 -92 September 26, 1994
People of the Philippines vs. Mariano Timple, et al.
FACTS
The accused, including appellant Mariano Timple, were charged with two counts of Robbery with Multiple Homicide under Article 294 of the Revised Penal Code. The informations alleged that on the night of February 8, 1989, in Guimba, Nueva Ecija, the armed conspirators robbed two separate households. In the first incident (Criminal Case No. 505-G), they robbed the Semacio family, killed four individuals including Ernesto Semacio, and raped Zenaida Semacio. In the second incident (Criminal Case No. 506-G), they robbed the Panio and Samoy families, killed eight individuals, and raped Elvira Samoy. After a joint trial, the Regional Trial Court found Timple and three co-accused guilty beyond reasonable doubt of both crimes, imposing the penalty of reclusion perpetua for each count.
ISSUE
The core issue is whether the trial court erred in convicting appellant Mariano Timple of the complex crime of Robbery with Homicide, and in appreciating the aggravating circumstance of treachery.
RULING
The Supreme Court affirmed the conviction but modified the legal characterization and penalty. The Court clarified that the crimes committed were not the complex crime of Robbery with Homicide under Article 294(1), but rather separate crimes of Robbery with Homicide and Rape. Since the rapes were committed by reason of the robbery, they constitute special aggravating circumstances under Article 294(2). The penalty for Robbery with Homicide accompanied by rape, committed by a band, is reclusion perpetua to death. However, the trial court erred in appreciating treachery as a generic aggravating circumstance. Treachery requires that the crime be against persons, whereas Robbery with Homicide is a crime against property. The killing is treated as an aggravating circumstance of the robbery, not a separate crime against persons. Therefore, treachery cannot be appreciated. With no other aggravating or mitigating circumstances, the penalty imposed by the trial court—reclusion perpetua for each count—is affirmed as being within the proper range. The Court upheld the findings of conspiracy based on the collective execution of the criminal acts, and found the testimonies of the rape victims credible and sufficient to establish Timple’s culpability.