GR 128892; (June, 1999) (Digest)
G.R. No. 128892 June 21, 1999
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. PEPITO TEJERO Y CARANZO, ANTONIO MARCOS Y OBO, EDGAR DEL MONTE Y ALEYA, SONNY CARANZO, JOHN DOE AND PETER DOE, accused, ANTONIO MARCOS Y OBO, accused-appellant.
FACTS
On March 12, 1996, in San Pedro, Laguna, accused-appellant Antonio Marcos, along with three armed companions, entered the residence of Arnold and Aileen Orodio through an unlocked door. The group ransacked the house, tied up the occupants, and took cash and jewelry. Marcos and his co-accused, Sonny Caranzo, then proceeded to a nearby office within the same compound, where they robbed Magdalena Ventura and Arnold Orodio of additional cash. On the occasion of this robbery, Caranzo and Marcos, one after the other, took Magdalena into an adjacent room and raped her. The victims were then herded into a bedroom before the accused fled using the victims’ vehicle.
The prosecution presented the testimonies of victims Aileen Orodio, Arnold Orodio, and Magdalena Ventura, who positively identified Marcos as one of the perpetrators. Dr. Maximo Reyes, who examined Magdalena, confirmed the presence of recent genital trauma consistent with sexual assault. The defense of alibi presented by Marcos was rejected by the trial court.
ISSUE
Whether the trial court correctly convicted accused-appellant Antonio Marcos of the special complex crime of Robbery with Rape and properly imposed the penalty of death.
RULING
Yes, the conviction is affirmed. The Supreme Court upheld the trial court’s finding that all elements of Robbery with Rape were proven beyond reasonable doubt. The credible and consistent testimonies of the victims established the forcible taking of property and the commission of rape by Marcos and Caranzo on the occasion thereof. The medical findings corroborated the fact of rape. The defense of alibi cannot prevail over positive identification, especially as Marcos failed to prove it was physically impossible for him to be at the crime scene.
The crime committed is the special complex crime of Robbery with Rape under Article 294(1) of the Revised Penal Code, as the rape was committed by two or more persons on the occasion of the robbery. The presence of the qualifying circumstance that the rape was committed by two persons mandates the imposition of the death penalty. The Court also found the aggravating circumstances of dwelling and that the crime was committed by a band, as more than three armed malefactors participated. The award of civil indemnity was increased to P75,000.00 for the rape, and the other damages were affirmed. The penalty of death was imposed, subject to automatic review.