G.R. No. 125539 . July 27, 1999.
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ALFONSO PATALIN, JR., ALEX MIJAQUE, AND NESTOR RAS, accused-appellants.

FACTS

Accused-appellants Alfonso Patalin, Jr. and Alex Mijaque were charged with Robbery with Physical Injuries (Criminal Case No. 18376) for an incident on August 11, 1984, in Lambunao, Iloilo. They, along with others, armed with bladed weapons, by means of force and intimidation, and taking advantage of nighttime, entered the dwelling of the victims and stole cash and personal property valued at P700.00. On the occasion of the robbery, Reynaldo Aliman was hacked, and Corazon Aliman and Josephine Belesario sustained physical injuries.
Accused-appellants Alex Mijaque, Alfonso Patalin, Jr., and Nestor Ras were separately charged with Robbery with Multiple Rape (Criminal Case No. 18305) for the same date and municipality. They, conspiring with others armed with firearms and deadly weapons, entered the dwelling of Jesusa Carcillar, stole cash and items valued at P6,500.00, and on the occasion thereof, by means of force and intimidation, raped Perpetua Carcillar, Juliana Carcillar, Rogelia Carcillar, and Josephine Belesario.
Upon arraignment, all accused pleaded not guilty. After a joint trial, the Regional Trial Court found them guilty. In Criminal Case No. 18376, Patalin and Mijaque were sentenced to an indeterminate penalty. In Criminal Case No. 18305, all three were sentenced to death. The trial court based its findings on the positive identification by the victims, facilitated by moonlight and the prolonged presence of the accused at the crime scene, which outweighed the defense of denial. The cases were consolidated on appeal.

ISSUE

The assigned errors summarized the issues as: (1) Whether the trial court erred in finding accused-appellants responsible for the crimes charged; (2) Whether the trial court erred in convicting accused-appellant Patalin notwithstanding his arrest without a warrant; (3) Assuming guilt, whether the trial court erred in imposing the death penalty as it was suspended by the 1987 Constitution .

RULING

The Supreme Court affirmed the convictions but modified the penalties. On the first issue, the Court upheld the trial court’s findings, ruling that the positive identification by the victims, who had no ill motive to testify falsely, was credible and sufficient to establish guilt beyond reasonable doubt, overcoming the defenses of denial and alibi. On the second issue, the Court ruled that any irregularity in Patalin’s warrantless arrest was cured by his voluntary submission to the court’s jurisdiction when he pleaded not guilty and participated in the trial. On the third issue, the Court ruled that the imposition of the death penalty was improper as the crime was committed in 1984, prior to the re-imposition of the death penalty under Republic Act No. 7659 . The applicable penalty for the complex crime of Robbery with Multiple Rape under the Revised Penal Code was reclusion perpetua.
The dispositive portion of the Supreme Court decision modified the trial court’s judgment. In Criminal Case No. 18376, the penalty for Alfonso Patalin, Jr. and Alex Mijaque was reduced to an indeterminate sentence of 4 years and 2 months of prision correccional as minimum to 8 years and 1 day of prision mayor as maximum. They were ordered to indemnify Corazon Aliman P700.00 and Reynaldo Aliman P8,000.00. In Criminal Case No. 18305, Alfonso Patalin, Jr., Alex Mijaque, and Nestor Ras were each sentenced to reclusion perpetua. They were ordered to indemnify the Carcillar family P6,500.00. Additionally, for the rape victims, each accused-appellant was ordered to pay each victim P75,000.00 as civil indemnity, P50,000.00 as moral damages, and P10,000.00 as exemplary damages for each count of rape, with all accused-appellants being jointly and severally liable for these amounts.