G.R. No. 130508 ; April 5, 2000
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ARMANDO REGALA y ABRIOL, accused-appellant.

FACTS

Accused-appellant Armando Regala was convicted by the Regional Trial Court of Masbate for the crime of Robbery with Rape. The prosecution alleged that on September 11, 1995, Regala and two companions entered the house of Consuelo Arevalo in Aroroy, Masbate. They hogtied Consuelo and her 16-year-old granddaughter, Nerissa Tagala. Regala then raped Nerissa twice. The perpetrators stole cash and jewelry before fleeing. Nerissa and Consuelo positively identified Regala in a police line-up. The medical examination confirmed recent hymenal lacerations consistent with sexual assault.
The defense presented an alibi, claiming Regala was at his employer’s house, five kilometers away, on the night of the incident. The trial court rejected this, giving greater weight to the victims’ positive identification. Regala appealed, questioning the sufficiency of his identification, arguing the scene was dark and the witnesses’ testimonies were inconsistent. He also highlighted the medico-legal officer’s statement that the findings could indicate either voluntary or forced sexual activity.

ISSUE

Whether the prosecution evidence sufficiently established the identity of accused-appellant as the perpetrator of the robbery with rape beyond reasonable doubt.

RULING

The Supreme Court affirmed the conviction. The positive identification by the victims, Nerissa Tagala and Consuelo Arevalo, prevailed over the weak defense of alibi. The Court found Nerissa’s testimony credible, detailed, and consistent on material points. She clearly recounted how Regala, whom she recognized, pointed a gun, hogtied them, and raped her. The alleged inconsistencies in Consuelo’s testimony regarding when the mask was removed were minor and did not undermine the core narrative of the crime. The Court also ruled that the medico-legal findings, indicating fresh hymenal lacerations, corroborated the claim of recent sexual intercourse, and the context of the robbery and intimidation negated any notion of voluntariness.
Regarding penalties, the Court modified the damages. It affirmed the penalty of reclusion perpetua, noting that the commission of two rapes during the robbery, while heinous, could not be considered as an aggravating circumstance under the specific paragraph of Article 294 of the Revised Penal Code, as such interpretation would require legislative action. The Court awarded an additional P50,000.00 as civil indemnity ex delicto to Nerissa Tagala, separate from the moral and exemplary damages already granted by the trial court.