GR 85329; (August, 1994) (Digest)
G.R. No. 85329 , August 16, 1994
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. EDDIE APAWAN and RUBEN SAUSE, accused-appellants.
FACTS
Accused-appellants Eddie Apawan and Ruben Sause, along with unidentified companions, were charged with Robbery with Rape. On September 19, 1985, they forcibly entered the house of Fe Palmon in Polomolok, South Cotabato. While Ruben Sause stood guard, Eddie Apawan, armed with a knife, took various items valued at P5,205.00. Apawan then threatened to kill Palmon’s child if she did not submit, and proceeded to rape her in the kitchen. The crime was witnessed by Palmon’s mother and sister-in-law, who were detained in an adjoining room and saw the act through a transparent curtain illuminated by a flashlight held by Sause.
The victims reported the robbery the next day but withheld the rape until September 24, 1985, upon the advice of family. Appellants denied the charges, interposing alibi. The trial court convicted them of Robbery with Rape and sentenced them to reclusion perpetua. They appealed, questioning the credibility of the prosecution witnesses and the delay in reporting the rape.
ISSUE
Whether the guilt of accused-appellants for the crime of Robbery with Rape was proven beyond reasonable doubt.
RULING
Yes, the Supreme Court affirmed the conviction. The Court found the testimonies of the victims, particularly Fe Palmon, to be credible, straightforward, and consistent. The defense of alibi was weak and could not prevail over the positive identification made by the witnesses, who had sufficient opportunity to see the appellants’ faces during the well-lit incident. The delay in reporting the rape was satisfactorily explained by the complainant’s fear and the natural reluctance to immediately disclose such a traumatic violation, especially before informing her husband. The Court held that the elements of Robbery with Rape were conclusively established: the taking of personal property with intent to gain through force, and the commission of rape on the occasion thereof. The penalty of reclusion perpetua was correctly imposed, as the death penalty was constitutionally prohibited at the time. The Court, however, modified the award of moral damages, increasing it from P5,000 to P50,000 in line with prevailing jurisprudence.