G.R. No. 181902; August 31, 2011
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. EDGAR EVANGELIO y GALLO, JOSEPH EVANGELIO, ATILANO AGATON y OBICO, and NOEL MALPAS y GARCIA, Accused. JOSEPH EVANGELIO, Accused-Appellant.

FACTS

On October 3, 2001, in Tacloban City, four armed men—accused Edgar Evangelio (armed with a handgun), Joseph Evangelio (appellant), Atilano Agaton, and Noel Malpas (both armed with knives)—forcibly entered the house of BBB. They bound and blindfolded the occupants. Appellant and another robber brought the 17-year-old househelper, AAA, into a comfort room, stripped her, and slammed her head against a wall, causing her to lose consciousness. When she awoke, she found herself partially undressed, with her hands tied, and experiencing pain and bleeding in her vagina. A medico-legal examination later confirmed findings compatible with recent sexual intercourse and loss of virginity. The robbers stole various jewelry, cash, and personal items from BBB, his wife CCC, and another person, with a total value of approximately PhP336,000. Some items were later recovered from accused Edgar’s house. Prosecution witnesses, including BBB and Evelyn, positively identified appellant and his co-accused. Appellant denied involvement, claiming he was sleeping at home at the time, and presented no other witness. After trial, the Regional Trial Court found appellant guilty of Robbery with Rape and imposed the death penalty. The Court of Appeals affirmed the conviction, prompting this appeal.

ISSUE

Whether the Court of Appeals erred in affirming appellant Joseph Evangelio’s conviction for the special complex crime of Robbery with Rape.

RULING

The Supreme Court AFFIRMED the Court of Appeals’ Decision with MODIFICATION as to the penalties and awards. The Court found appellant guilty beyond reasonable doubt of the special complex crime of Robbery with Rape under Article 293, in relation to Article 294(1), of the Revised Penal Code, as amended by Republic Act No. 7659.
The Court held that all elements of Robbery with Rape were proven. The robbery was established by the forcible entry, intimidation, and taking of valuables. The rape of AAA was proven through her credible testimony, corroborated by the medico-legal findings, and occurred on the occasion of the robbery. Appellant’s defense of alibi was rejected for being weak and uncorroborated, especially in light of the positive identification by prosecution witnesses. Conspiracy among the accused was evident from their collective and coordinated actions.
Regarding penalties: Since the death penalty was prohibited at the time of the decision, the Court imposed reclusion perpetua without eligibility for parole, pursuant to the law. The Court also ordered appellant to pay the victims: (1) Actual damages of PhP336,000, with legal interest; (2) Moral damages of PhP75,000 to AAA; (3) Exemplary damages of PhP30,000 to AAA; and (4) Civil indemnity of PhP75,000 to AAA. All monetary awards for AAA shall earn legal interest from the finality of the judgment until fully paid.