GR 124703; (June, 2000) (Digest)
G.R. No. 124703; June 27, 2000
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ROLANDO DE LARA, CARLITO VILLAS, EDUARDO VILLAS, and MAGNO TAMARES, accused-appellants.
FACTS
On the evening of May 13, 1993, in Sitio Buli, Lubang, Occidental Mindoro, Rosabella de Lemos and her mother Gloria were on their way to a procession when they were accosted by Rosabella’s uncle, Magno Tamares, and his companions, Rolando de Lara, Carlito Villas, and Eduardo Villas. Magno poked a gun at Rosabella and fired it twice. Eduardo and Rolando then held her arms, while Carlito held Gloria at bay with a knife, pushing her to the ground and causing her to lose consciousness. Rosabella was forcibly taken to a forested area.
There, Rolando de Lara, a former suitor whom Rosabella had rejected, raped her at knifepoint while Carlito and Eduardo watched. She was threatened with death if she resisted. Afterwards, she was brought to a barangay kagawad’s house, where she was seen crying, with bruises and bloodstains on her clothes. Magno later arrived, bringing her a change of clothes and threatening to kill her and her family if she did not marry Rolando.
ISSUE
The primary issue is whether the accused-appellants are guilty of the complex crime of forcible abduction with rape as charged, or if the evidence supports separate or lesser offenses.
RULING
The Supreme Court modified the trial court’s decision. It affirmed Rolando de Lara’s conviction for the complex crime of forcible abduction with rape under Article 342 in relation to Article 335 of the Revised Penal Code. The Court found the elements present: Rosabella was taken against her will by force, and rape was committed during the abduction. Her credible testimony, corroborated by physical evidence and immediate outcry, established the crime beyond reasonable doubt. De Lara was sentenced to reclusion perpetua and ordered to pay indemnity and moral damages.
However, the Court absolved Magno Tamares, Carlito Villas, and Eduardo Villas of forcible abduction. The evidence showed they participated in seizing Rosabella and restraining her mother, but they left the scene before the rape was committed. Their acts constituted a distinct crime from the rape subsequently perpetrated by De Lara alone. Since forcible abduction is absorbed when it is a means to commit rape, and they did not conspire in the rape itself, they could not be held liable for the complex crime. Instead, the Court found them guilty of grave coercion under Article 286 of the RPC for using violence to prevent Gloria de Lemos from rendering assistance to her daughter. They were each sentenced to three months of arresto mayor and a fine.