G.R. No. L-47398 March 14, 1988
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. MARTIN CAYAGO @ “Boy” and JUAN CAPITLE @ “Toning”, accused, MARTIN CAYAGO, appellant.

FACTS

The case stemmed from an incident on November 18, 1974, in Barangay Bawer, Malasiqui, Pangasinan. The complainant, 17-year-old Nancy Mamaril, was alone in her brother’s house when three armed men—Ricardo Macaraeg, Juan Capitle, and appellant Martin Cayago—forcibly entered. Macaraeg, armed with a handgun, initially pushed Nancy down and covered her mouth. The three men then successively raped her while the others pinned down her arms and legs. Before leaving, they threatened to kill her and her parents if she reported the crime. Nancy later confided in her parents, leading to a medical examination which revealed old, healed hymenal lacerations consistent with sexual intercourse.
An information for multiple rape was filed against all three accused. Only appellant Cayago was arrested and stood trial; his co-accused remained at large. The trial court found Cayago guilty of three counts of rape, imposing three death penalties. The case was elevated to the Supreme Court for automatic review.

ISSUE

The principal issue is whether appellant Martin Cayago can be convicted of three separate counts of rape despite his co-accused not being tried, and whether the evidence sufficiently established his guilt beyond reasonable doubt.

RULING

The Supreme Court affirmed the conviction but modified the penalty. The Court held that when several persons conspire to successively rape a victim, each assailant commits a separate crime of rape. Each accused is liable as a principal by direct participation for his own act and as a principal by indispensable cooperation for the acts of his co-conspirators, who provided the force and intimidation necessary to accomplish the crime. The fact that only Cayago was tried does not absolve him of liability for the three rapes, as his criminal liability is individual and distinct. The trial court’s factual findings, which credited Nancy’s clear and consistent testimony detailing the sequential rape and the collective restraint, were upheld. The defense of alibi was rejected for being weak and unsubstantiated.
Regarding the penalty, the Court modified the three death sentences to three penalties of reclusion perpetua, in accordance with the constitutional prohibition of the death penalty. The award of damages was sustained. The conviction was based on proof beyond reasonable doubt, establishing conspiracy and the commission of three distinct acts of rape through the collective action of the accused.