G.R. No. 92068 ; June 5, 1991
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. FRANKIE ARENAS, ET AL., accused. ALMARIO BIGALBAL alias MAR, accused-appellant.

FACTS

The appellant, Almario Bigalbal, was charged with rape in conspiracy with five others. The prosecution evidence established that on January 27, 1989, the complainant, Agustina Arañas, was taken at night by three accused armed with an icepick to an isolated area. There, she was successively raped by three different men. During the assault by Noel Serrano, the appellant Bigalbal was positively identified as holding the victim’s hands while another accused held her feet, and a third accused held the icepick. The victim reported the incident the following day after her mother noticed physical marks. A medico-legal examination confirmed a recently healed hymenal laceration. The other five accused remained at large, leaving only Bigalbal to stand trial.
The defense presented an alibi, claiming Bigalbal was elsewhere at the time. The trial court found the prosecution evidence credible, convicted Bigalbal of three counts of rape as a co-conspirator, and sentenced him to reclusion perpetua for each count. The defense appealed, challenging the credibility of the victim’s identification and the finding of conspiracy.

ISSUE

Whether the accused-appellant Almario Bigalbal is guilty beyond reasonable doubt of the crime of rape.

RULING

Yes, but only as a co-conspirator to one count of rape. The Supreme Court affirmed the conviction but modified the penalty. The Court found the victim’s testimony credible, straightforward, and consistent, and it was corroborated by the medico-legal findings. The defense of alibi was properly rejected as it was not physically impossible for the appellant to have been at the crime scene. The Court also noted that the flight of the five co-accused indicated consciousness of guilt, lending credence to the victim’s account.
However, the Court scrutinized the evidence of conspiracy. While the collective actions of the group showed a common design to commit rape, the records did not clearly establish Bigalbal’s participation during the assaults by the first two rapists. His culpable involvement was conclusively proven only during the third rape, where he was seen holding the victim’s hands. His act of restraining the victim, instead of preventing the crime, constituted tacit and spontaneous cooperation, making him a co-conspirator and thus a principal under Article 17 of the Revised Penal Code. Consequently, he is liable as a principal for the rape committed by Noel Serrano, during which he actively participated. The Court modified the trial court’s decision, finding him guilty of one count of rape and sentencing him to reclusion perpetua, with an increased civil indemnity.