GR L 2443; (June, 1949) (Digest)
G.R. No. L-2443; June 30, 1949
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JOSE DEMETRIO Y LAGRADA, ET AL., defendants. MAURICIO ARROYO and ERNESTO POBLETE, appellants.
FACTS
In the early hours of August 25, 1946, a band of five armed men broke into a house in Quezon City (within the jurisdiction of the Manila court), subdued the occupants, and robbed them of cash and jewelry. During the robbery, one of the band members raped Belen Cube, a young female occupant. The accused were arrested based on descriptions from the victims. At trial, the Court of First Instance convicted four accused. It found Mauricio Arroyo and Ernesto Poblete guilty, sentencing Arroyo for the complex crime of robbery with rape and Poblete for robbery only. Both appealed. The Court of Appeals endorsed the case to the Supreme Court, opining that both appellants should be guilty of the complex crime.
ISSUE
Whether appellants Mauricio Arroyo and Ernesto Poblete are liable as principals for the complex crime of robbery with rape.
RULING
Yes. The Supreme Court modified the trial court’s judgment. The crime committed is robbery with rape under Article 294 of the Revised Penal Code. Applying Article 296, any member of a band present at the commission of a robbery by the band is liable as a principal for any assault (including rape) committed by the band, unless he attempted to prevent it. Here, the rape was committed by a band member (Arroyo) on the occasion of the robbery, and his companions, including Poblete, facilitated it by guarding the other occupants. No proof was shown that any appellant attempted to prevent the rape. Therefore, both Arroyo and Poblete are liable as principals for the complex crime of robbery with rape. The penalty is reclusion perpetua, imposed in its maximum degree due to the aggravating circumstances of the crime being committed by a band and in the dwelling of the victims. The appellants were also ordered to jointly indemnify the victim.
AI Generated by Armztrong.