GR L 11793; (May, 1961) (Digest)
G.R. No. L-11793; May 19, 1961
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. AMADOR CASTILLO, et al., defendants. ILDEFONSO (ALFONSO) ALILLANA, defendant-appellant.
FACTS
The defendants, including appellant Ildefonso Alillana, were charged with robbery with rape. During trial, the prosecution moved to discharge co-accused Rosauro Tapay to become a state witness. The trial court granted the motion over defense objection. After trial, the court convicted Alillana and others, sentencing them to reclusion perpetua. Alillana appealed. The evidence established that a group, including Alillana, conspired to rob the house of Fermin Cornista. Armed, they went to the victim’s dwelling at night. Alillana initially called for Cornista. Upon entry by his armed companions, robbery was committed. Subsequently, five of Alillana’s co-conspirators raped Cornista’s wife, Amparo Alimario, inside the house. The record shows Alillana was outside the house during the rape and later reprimanded Castillo for the act, leading to a heated argument.
ISSUE
The primary issue is whether appellant Ildefonso Alillana is liable for the complex crime of robbery with rape, and if not, what is the proper criminal liability and penalty.
RULING
The Supreme Court modified the judgment. Alillana is not guilty of the complex crime of robbery with rape. The legal logic is grounded in the principles of conspiracy and the nature of the crimes committed. Conspiracy was proven for the robbery, as all defendants, including Alillana, planned and executed the forcible taking of property from the victims’ dwelling. However, conspiracy was not proven for the rape. The evidence clearly showed Alillana was not inside the house when the rape occurred, did not participate in it, and even expressed disapproval by confronting the perpetrators afterward. Therefore, his criminal liability is limited to the robbery. He cannot be held liable for acts of co-conspirators that were beyond the scope of the original criminal agreement. The Court applied Article 294(5) of the Revised Penal Code, as amended, for robbery committed by a band. Considering the aggravating circumstances of dwelling and nighttime, with no mitigating circumstances, the indeterminate sentence was imposed. The indemnity for the stolen property was also adjusted. Alillana was sentenced to an indeterminate penalty of 6 years and 1 day to 10 years of prision mayor and to indemnify the victims.