GR 120468; (August, 2001) (Digest)
G.R. No. 120468 August 15, 2001
People of the Philippines vs. Lope Liwanag y Buenaventura, et al.
FACTS
Accused-appellant Lope Liwanag, along with Randy Simbulan and Ramil Vendibil, was charged with Highway Robbery with Multiple Rape. The prosecution evidence established that in the early morning of April 27, 1992, complainant Corazon Hernandez accepted a “special trip” on a tricycle driven by Vendibil. Liwanag and Simbulan joined, and during the ride, Liwanag declared a hold-up, took Hernandez’s P60.00, and then sexually assaulted her. The group moved her to different locations where Vendibil and Simbulan also successively raped her. Hernandez was threatened with an icepick and strangulation. The accused later negotiated a ransom for her release, leading to an entrapment operation where Liwanag was arrested after accepting a marked envelope.
ISSUE
The core issue is whether the prosecution proved Liwanag’s guilt for the complex crime of Highway Robbery with Multiple Rape beyond reasonable doubt, particularly in light of the defense’s arguments regarding the credibility of the complainant’s testimony and the alleged lack of resistance.
RULING
The Supreme Court affirmed the conviction. The Court meticulously applied the legal principles governing the complex crime and the credibility of witnesses. It held that all elements of highway robbery under P.D. No. 532 were present: the taking of personal property (P60.00) was effected with violence against a passenger using a motor vehicle on a public highway. The rape was committed on the occasion thereof, constituting a single complex crime. The Court gave utmost weight to the trial court’s assessment of Hernandez’s credibility, finding her narration of events detailed, consistent, and credible. It rejected the defense’s claim that her lack of physical resistance negated rape, ruling that intimidation was established by Liwanag brandishing an icepick and strangling her, rendering any further resistance futile and unnecessary in law. The fear for her life and safety was palpable, explaining her submission. The positive identification of Liwanag, coupled with the absence of any ill motive for Hernandez to falsely accuse him, solidified his guilt. The Court modified the award of moral damages, reducing it to P50,000.00 in line with prevailing jurisprudence, while affirming the penalty of reclusion perpetua and other monetary awards.