PEOPLE OF THE PHILIPPINES, vs. BAYANI DE LOS REYES y PUSTIGO, @ "Anie" .
- G.R. Number: G.R. No. 85771
- Promulgated: 1991-11-19
- Ponente: Davide, Jr., J.
Doctrine
A victim's positive identification of her assailant, if credible, may sustain a conviction for rape and related crimes.
The aggravating circumstance of nighttime is inapplicable unless it is shown the offender sought darkness to facilitate the crime or took advantage of it for impunity.
When no aggravating or mitigating circumstance attends the crime, the penalty for robbery with rape should be imposed in its medium period and the accused is entitled to benefits under the Indeterminate Sentence Law.
Facts
At arraignment on 17 June 1987, appellant pleaded not guilty to an information charging him and another with robbery with rape in Criminal Case No. ML-240, Branch 4, RTC of Bataan, Third Judicial Region.
The trial court found appellant guilty beyond reasonable doubt of robbery with rape and sentenced him to reclusion perpetua, ordered indemnity of P25,000 to the offended party.
Appellant filed a Notice of Appeal manifesting intention to appeal to the Court of Appeals; the trial court forwarded the records to the Supreme Court and the appeal was accepted by this Court.
Victim Emily positively identified appellant as one of the malefactors; the Court emphasized that a victim's testimony identifying her assailant is naturally credible and may sustain conviction if credible.
Issues
Whether the identification testimony of the victim and witnesses sufficed to establish appellant's guilt for robbery with rape.
Whether the aggravating circumstance of nighttime properly applies in this case.
Whether the penalty imposed by the trial court should be modified under the Indeterminate Sentence Law.
Ruling
The Court affirmed the conviction for robbery with rape, finding the identification testimony credible and sufficient to convict appellant as principal by direct participation.
The Court disagreed with treating nighttime as an aggravating circumstance absent proof that darkness was sought or facilitated the crime.
The Court modified the penalty: imposing as minimum Ten years and One day of prison mayor and as maximum Eighteen years and Eight months of reclusion temporal, and applied the Indeterminate Sentence Law; affirmed as modified.
Keywords
G.R. No. 85771, PEOPLE OF THE PHILIPPINES v. BAYANI DE LOS REYES y PUSTIGO, Robbery with Rape, Article 294, paragraph 2 of the Revised Penal Code, Presidential Decree No. 767, Reclusion Perpetua, Aggravating circumstance of nighttime, direct participation, indemnify, accessory penalties, Notice of Appeal, Regional Trial Court of Bataan, Information, plea of not guilty, trial on the merits, guilty beyond reasonable doubt, principal, august 1987, los reyes, september 1987