G.R. No. 100805 March 24, 1994
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. OPINIADO DOLAR y EVALLA and REYNALDO MONTALBO y GUTIERREZ, accused-appellants.

FACTS

On the evening of October 24, 1987, Danilo Permison and his girlfriend Leny Reli were walking along Bonifacio Drive in Manila. Accused Reynaldo Montalbo and Opiniado Dolar accosted them, poked knives at them, and threatened to kill them if they shouted. The victims were dragged to a dark area. Dolar took Danilo’s wallet containing P270.00 and his Citizen wristwatch worth P880.00, and in the process, injured Danilo’s left thumb. Montalbo took P20.00 from Leny. Montalbo then fled. Dolar remained, sat on Danilo’s belly with a knife poked at his chest, and ordered Leny to come closer. Under threat to Danilo’s life, Dolar kissed Leny, removed her pants and panty, touched and bit her private part, and then, with a knife pointed at her throat, had carnal knowledge of her. Danilo escaped to seek help. After the rape, Dolar fled. The victims reported the incident. Police conducted a saturation drive in a nearby squatters’ area, gathered fifteen men including the two accused, and Danilo and Leny positively identified Dolar and Montalbo in a police line-up. The accused were charged with Robbery with Rape. They pleaded not guilty and raised alibi as their defense. The trial court found both guilty of robbery but ruled there was no conspiracy to commit rape. It convicted Dolar of robbery with rape and sentenced him to Life Imprisonment, and convicted Montalbo of simple robbery. Montalbo did not appeal and was later granted probation. Dolar appealed his conviction.

ISSUE

Whether the trial court erred in finding accused-appellant Opiniado Dolar guilty beyond reasonable doubt of the crime of robbery with rape.

RULING

No. The Supreme Court affirmed the conviction but modified the penalty. The Court found the testimonies of the prosecution witnesses, Danilo Permison and Leny Reli, credible and sufficient to establish Dolar’s guilt beyond reasonable doubt for both robbery and rape. Their positive identification of Dolar was unwavering and consistent. The defense of alibi was rejected as weak and unpersuasive, especially since it was not physically impossible for Dolar to have been at the crime scene, given his proximity (about eight meters away) and his arrest just thirty minutes after the crime. The Court held Dolar guilty of Robbery with Rape under Article 294(2) of the Revised Penal Code. The trial court erred in imposing “Life Imprisonment”; the correct penalty is reclusion perpetua. The civil indemnity in favor of Leny Reli was increased to Forty Thousand Pesos (P40,000.00). The appealed decision was AFFIRMED WITH MODIFICATION.