G.R. No. 112035 January 16, 1998
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. PANFILO CABILES alias “NONOY”, accused-appellant.

FACTS

Accused-appellant Panfilo Cabiles was convicted by the Regional Trial Court of Kalookan City of Robbery with Rape and sentenced to Reclusion Perpetua. The Amended Information charged that on November 5, 1989, in Caloocan City, accused-appellant, conspiring with another (Jaime Mabingnay, who was not apprehended), by means of force and violence, robbed Marites Nas Atienza of cash and jewelry. On the occasion of the robbery, and with the use of a deadly weapon, he had carnal knowledge of Luzviminda Aquino and stabbed Arnel Cericos, inflicting serious physical injuries.
The prosecution evidence, primarily from victims Marites Nas Atienza and Luzviminda Aquino, established that around 1:15 AM on November 5, 1989, a man forcibly entered Marites’s house by destroying the kitchen door. He poked a knife at Marites, taped her mouth, and demanded money and jewelry. Under threat, Marites handed over P1,000.00 cash, a Seiko watch, a “Chanel” wristwatch, a bracelet, and a ring. The man then taped the mouth of the housemaid, Luzviminda Aquino, and tied her hands with a shoestring. After ransacking the store and drinking beer, he, while holding the knife, forcibly removed Luzviminda’s pants and underwear and, despite her resistance, succeeded in having carnal knowledge of her. Marites, who was present and witnessed the rape, escaped by asking to prepare milk for her baby. She sought help from neighbor Arnel Cericos. When Cericos entered the room, the assailant stood up and stabbed him four times. Marites and Luzviminda later positively identified the assailant as accused-appellant. Cericos was treated for serious stab wounds. Luzviminda was medically examined, with findings consistent with possible recent sexual intercourse. On November 8, 1989, police arrested accused-appellant at a factory warehouse. He was found sleeping on a bench wearing Marites’s stolen bracelet, and a plastic bag inside contained the stolen “Chanel” wristwatch. The next day, at the police station, accused-appellant admitted his guilt and implicated Jaime Mabingnay. The defense relied on denial and alibi, claiming accused-appellant was sleeping with his wife at the Marivic Compound in Quezon City at the time of the incident.

ISSUE

The main issue is whether the prosecution proved beyond reasonable doubt that accused-appellant is guilty of the crime of Robbery with Rape.

RULING

The Supreme Court AFFIRMED the conviction with modification. The Court held that all elements of Robbery with Rape under Article 294(2) of the Revised Penal Code were proven: (1) the taking of personal property with intent to gain, (2) by means of violence or intimidation against persons, and (3) the rape was committed by reason or on the occasion of the robbery. The positive identification of accused-appellant by both victims was clear and credible. The defense of alibi and denial cannot prevail over positive identification. The medical findings, though not showing fresh genital injuries, do not negate rape, as complete penetration is not necessary and the victim’s testimony was credible and corroborated. The Court increased the indemnity for Luzviminda Aquino from P30,000.00 to P50,000.00 and affirmed the awards for the value of the stolen items and costs.