GR 91483; (November, 1997) (Digest)
G.R. No. 91483 November 18, 1997
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. SAMUEL MAHUSAY y FLORES and CRISTITUTO PASPOS @ “Toto” y CATARIG, accused-appellants.
FACTS
Accused-appellants Samuel Mahusay and Cristituto Paspos, along with others, were charged with robbery with rape and physical injuries. On April 19, 1988, six armed men barged into the Bughao residence, tied up the family, and robbed them. Three men brought the daughter, Maria Luisa (Marilou) Bughao, upstairs and successively raped her. Esmarlita Paspos, the househelper and sister of appellant Paspos, identified her brother, Mahusay, and another accused. Maria Luisa identified Mahusay as one of her assailants by the light of a flashlight. The following day, appellants were arrested based on a report, and some stolen items were recovered. Appellants raised alibi as a defense, claiming they were elsewhere. The trial court convicted Mahusay, Paspos, and Alfredo Mendio of robbery with rape under Article 294(2) of the Revised Penal Code and sentenced them to reclusion perpetua. Only Mahusay and Paspos appealed.
ISSUE
The primary issues were whether the warrantless arrest of the appellants was valid and whether their guilt was proven beyond reasonable doubt.
RULING
The Supreme Court AFFIRMED the conviction with modifications. The Court held that while the warrantless arrest was invalid for not meeting the conditions under Rule 113, Section 5(b) of the Rules on Criminal Procedure (as the arrest was based solely on a verbal report without the arresting officers having personal knowledge of facts indicating the appellants committed the offense), the appellants were deemed to have waived any objection to the legality of their arrest by pleading not guilty, participating in the trial, and presenting evidence without raising the issue beforehand. On the merits, the Court found the prosecution witnesses credible. The positive identification by the victims, the corroborative testimony of Esmarlita Paspos, and the evidence of conspiracy established guilt beyond reasonable doubt. The concerted actions of the appellants in robbing the house and raping Maria Luisa indicated a common criminal design. The Court modified the penalty, sentencing each appellant to three terms of reclusion perpetua and increasing the indemnity to Maria Luisa Bughao to P50,000.00 each.