G.R. No. 110037 May 21, 1998
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. EDUARDO PULUSAN y ANICETA, ROLANDO RODRIGUEZ y MACALINO, ROLANDO TAYAG and JOHN DOE Alias Ramon/Efren, accused. EDUARDO PULUSAN y ANICETA And ROLANDO RODRIGUEZ y MACALINO, accused-appellants.

FACTS

On January 20, 1986, at around 9:00 PM, a group of four men, including appellants Eduardo Pulusan and Rolando Rodriguez, boarded a passenger jeepney plying the MacArthur Highway in Bulacan. The jeepney, driven by Constancio Gomez, had six other passengers, including Marilyn Martinez and Cresenciano Pagtalunan. Pulusan, who sat behind the driver, announced the hold-up and poked a knife at Gomez. His three companions, including Rodriguez, also brandished weapons and proceeded to divest all passengers of their valuables, including cash, watches, rings, and other personal items. Pulusan then took over driving the jeepney, stopping at a secluded talahiban area in San Simon, Pampanga. There, Rodriguez dragged Marilyn Martinez away from the vehicle and, through force and intimidation, raped her. Pulusan and their two other companions subsequently took turns raping her. Meanwhile, the appellants and their companions called the male passengers out of the jeepney one by one, clubbed and stabbed them, resulting in the death of four passengers: Rodolfo Cruz, Magno Surio, Constancio Dionisio, and Armando Cundangan. Pagtalunan was hit but spared after one assailant said he was old and would not fight back. The survivors—Gomez, Martinez, and Pagtalunan—were threatened not to report the incident and then sent away. They reported the crime to the police in Apalit and San Simon, Pampanga. Martinez was medically examined, confirming fresh hymenal lacerations consistent with rape. The appellants were convicted by the Regional Trial Court of robbery with homicide. They appealed, questioning the credibility of witnesses and the sufficiency of evidence.

ISSUE

The primary issue is whether the prosecution evidence sufficiently establishes the guilt of appellants Eduardo Pulusan and Rolando Rodriguez for the complex crime of robbery with homicide, including the attendant circumstances of rape and multiple murder.

RULING

The Supreme Court AFFIRMED the conviction of appellants Eduardo Pulusan and Rolando Rodriguez for the crime of robbery with homicide. The Court found the testimonies of the surviving victims—driver Constancio Gomez, Cresenciano Pagtalunan, and rape victim Marilyn Martinez—to be credible, consistent, and sufficient to establish the appellants’ guilt beyond reasonable doubt. The defense of alibi proffered by the appellants was rejected as weak and unsubstantiated, especially in light of their positive identification by the victims. The crime committed was the special complex crime of robbery with homicide under Article 294(1) of the Revised Penal Code, as the homicides and rapes were committed on the occasion of the robbery. The Court modified the trial court’s decision regarding civil liability. The heirs of each of the four slain victims were awarded an indemnity of P50,000.00. Furthermore, the rape victim, Marilyn Martinez, was awarded moral damages in the amount of P200,000.00, considering that she suffered multiple rapes by four men. The appellants were held jointly and severally liable for these monetary awards.