G.R. No. 94311 September 14, 1993
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. NORBERTO VILLAGRACIA, ELMER PAGLINAWAN, ALFONSO PASTORAL, NELSON LEDESMA, NIXON LEDESMA, and WILFREDO V. GAMPA, accused-appellants.

FACTS

On September 23, 1987, in Barangay Pamampangin, Lopez, Quezon, six armed men, with faces half-covered, barged into the house of spouses Cenon and Thelma Villasanta. They hog-tied Cenon and two basket-weavers, ransacked the house, and stole cash and valuables totaling P14,700.00. The accused then dragged Thelma outside, removed their masks, brought her to a grassy area, and all six took turns raping her. The accused were charged with Robbery with Rape. Upon arraignment, all pleaded not guilty. During trial, accused Elmer Paglinawan died on April 3, 1990. The Regional Trial Court convicted all accused and sentenced them to reclusion perpetua, with indemnities. The accused appealed, questioning their identification and the conviction.

ISSUE

1. Whether the identities of the accused-appellants as the perpetrators of the crime were established with certainty.
2. Whether the accused-appellants are guilty beyond reasonable doubt of the crime of Robbery with Rape.

RULING

1. Yes, the identities of the accused were established with certainty. The trial court found Thelma Villasanta’s identification credible. The accused removed their masks outside the house under moonlight, which was sufficient for identification. Her positive identification outweighs the weak defense of alibi. Claims of torture and lack of counsel during investigation were moot as the trial court disregarded any extrajudicial confessions obtained.
2. Yes, the accused are guilty beyond reasonable doubt of Robbery with Rape under Article 294(2) of the Revised Penal Code. The elements of robbery with violence/intimidation and rape on the occasion thereof were proven. Conspiracy was inferred from their collective actions. However, the trial court erred in appreciating the aggravating circumstance of band, as the use of deadly weapons and commission by a group are already considered in the prescribed penalty.
The Supreme Court modified the decision:
The penalty of reclusion perpetua was affirmed for all convicted accused except Nixon Ledesma.
Appellant Nixon Ledesma, who was proven to be less than 15 years old at the time of the crime, was entitled to a two-degree penalty reduction under Article 68(1) of the Revised Penal Code. He was sentenced to an indeterminate penalty of 6 years of prision correccional, as minimum, to 10 years and 1 day of prision mayor, as maximum.
The criminal case against the deceased Elmer Paglinawan was dismissed.
Moral damages awarded to Thelma Villasanta were increased to P50,000.00.