G.R. No. 130650 ; September 10, 2002
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. MARIO VERCELES, FELIX CORPUZ, MAMERTO SORIANO (At large), PABLO RAMOS (At large), and JERRY SORIANO (State Witness), accused, MARIO VERCELES and FELIX CORPUZ, accused-appellants.

FACTS

Accused Mario Verceles, Felix Corpuz, Mamerto Soriano, Pablo Ramos, and Jerry Soriano were charged with Robbery with Rape. The information alleged that on or about October 19, 1996, in Urbiztondo, Pangasinan, the accused conspired to forcibly enter the house of Rosita Quilates by destroying a window grill, carting away personal properties valued at P60,000.00, and on the same occasion, having sexual intercourse with Maribeth Bolito against her will. Mamerto Soriano and Pablo Ramos remained at large. During arraignment, Verceles, Corpuz, and Jerry Soriano pleaded not guilty. The prosecution moved to discharge Jerry Soriano as a State Witness, which the trial court granted after receiving his testimony. Soriano testified that on October 18, 1996, the five accused were together; he and Pablo Ramos were tied under a tree by Mamerto Soriano at gunpoint while Verceles, Corpuz, and Mamerto Soriano proceeded to the Quilates house. Later, he saw the three return carrying stolen items, which they all loaded into a tricycle. He later received P300.00 from the sale of the items. Maribeth Bolito testified that at around 2:00 a.m. on October 19, 1996, she was awakened by Mamerto Soriano fondling her and pointing a gun at her head. While being ravished, she saw Verceles and Corpuz standing at the door. She lost consciousness and later found her private part painful. A medical examination revealed healed lacerations but was negative for spermatozoa. SPO2 Eduardo Fernandez testified on the investigation and recovery of some stolen properties. Rosita Quilates testified about the robbery and recovery of some items. For their defense, Felix Corpuz claimed he was working in Manila from October 5 to 27, 1996, and was corroborated by Ernesto Lambino, Jr. Mario Verceles claimed he was at a wake playing cards until 4:00 a.m. on October 19, 1996, and voluntarily surrendered to the police on November 5, 1996, which was corroborated by Police Inspector Rodolfo Tadeo. The trial court found Verceles and Corpuz guilty beyond reasonable doubt of Robbery with Rape and sentenced them to Reclusion Perpetua. They were also ordered to pay moral and exemplary damages to Maribeth Bolito and indemnity for unrecovered properties to Rosita Quilates. Accused-appellants appealed, contending the trial court erred in discharging Jerry Soriano as a state witness, in appreciating conspiracy, in not considering Verceles’s voluntary surrender as a mitigating circumstance, and in awarding damages.

ISSUE

The main issues raised on appeal were: (1) whether the trial court erred in discharging Jerry Soriano as a state witness; (2) whether conspiracy was duly proven; (3) whether the voluntary surrender of Mario Verceles should be considered a mitigating circumstance; and (4) whether the awards of damages were proper.

RULING

The Supreme Court AFFIRMED the conviction with MODIFICATIONS. The trial court did not err in discharging Jerry Soriano as a state witness. His testimony was absolutely necessary as there was no other direct evidence to prove the identity of the malefactors, it was corroborated in material points by other prosecution witnesses, and he did not appear to be the most guilty. Even assuming an improper discharge, his testimony remained admissible. Conspiracy was duly proven by the collective acts of the accused, as Jerry Soriano’s testimony established their common purpose, and the presence of Verceles and Corpuz at the scene of the crime, standing by while the rape was being committed, showed community of design. The defense of alibi and denial could not prevail over the positive identification by the victim and the state witness. The voluntary surrender of Mario Verceles was correctly not considered a mitigating circumstance because it was not spontaneous, as he surrendered only after learning the police were looking for him. On the award of damages, the Court modified the trial court’s decision: the moral damages were reduced from P200,000.00 to P50,000.00; the award of exemplary damages in the amount of P100,000.00 was deleted for lack of aggravating circumstances; and civil indemnity of P50,000.00 was awarded to Maribeth Bolito, which is mandatory upon a conviction of rape. The award for the value of unrecovered properties to Rosita Quilates was also deleted for lack of evidentiary support. The penalty of Reclusion Perpetua for Robbery with Rape was affirmed.