GR 107798; (November, 1995) (Digest)
G.R. No. 107798 November 16, 1995
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ORLANDO LUTAO Y LOBOS AND JULIO MEDERA Y TURCIDO, accused-appellants.
FACTS
Accused-appellants Orlando Lutao and Julio Medera, members of the CAFGU, were charged with Robbery in Band with Multiple Rape. The information alleged that on December 29, 1991, in San Roque, Northern Samar, the armed accused conspired to rob spouses Arturo and Lourdes Siervo of P4,060.00 inside their home. Subsequently, they took turns raping Lourdes Siervo at gunpoint while her husband was held captive. The spouses positively identified Lutao and Medera, who were known to them, as among the perpetrators. The trial court convicted them and sentenced them to reclusion perpetua.
ISSUE
Whether the trial court correctly convicted the accused-appellants and properly denominated the crime committed.
RULING
The Supreme Court affirmed the conviction but modified the legal designation of the offense. The Court upheld the trial court’s findings, giving full credence to the clear, consistent, and credible testimonies of the victims. The spouses had ample opportunity to identify the appellants, as they were known to them, the crime scene was illuminated, and the appellants made no attempt to conceal their identities. The defense of alibi was correctly rejected for being weak and unsubstantiated, especially when juxtaposed with the positive identification by the victims.
However, the Court corrected the trial court’s denomination of the crime. Citing People v. Precioso, it ruled that there is no composite crime of “Robbery in Band with Multiple Rape.” The correct crime is Robbery with Rape under Article 294(2) of the Revised Penal Code, with “band” being treated as a mere aggravating circumstance. Since the crime was committed in 1991, prior to the effectivity of Republic Act No. 7659 (which re-imposed the death penalty for this crime), the penalty of reclusion perpetua imposed by the trial court was proper. The Court modified the damages, ordering the appellants to pay solidarily P50,000.00 as moral damages to Lourdes Siervo and P4,060.00 as actual damages to the spouses.