PEOPLE OF THE PHILIPPINES, vs. JULIAN ROSTATA, JR., ALFREDO ROTAP, MELITON VERANA, ANDRES VERMUG, RUBEN VERANA, VITALIANO DEVIO, JOHN DOE, PETER DOE and PAUL DOE, accused. JULIAN ROSTATA, JR., MELITON VERANA and ANDRES VERMUGs.
- G.R. Number: G.R. No. 91482
- Promulgated: 1993-02-09
- Ponente: Davide, Jr., J.
Doctrine
Only one penalty may be imposed for the special complex crime of robbery with rape even when multiple rapes are committed in the course of the robbery.
The correct statutory language for robbery with rape is 'robbery accompanied by rape' (second paragraph of Article 294), distinguishing it from phrases used for robbery with homicide or with physical injuries.
When robbery with rape is committed with a deadly weapon and by two or more persons, the penalty range is reclusion perpetua to death; absent aggravating or mitigating circumstances, the medium period (reclusion perpetua) may be applied.
Facts
The crimes involved robbery with rape and physical injuries; the record shows that two rapes were committed on the occasion of the robbery, but only one rape was charged in the information.
The Court found all the accused guilty beyond reasonable doubt of robbery with rape and physical injuries under Article 294, sec. 2, PD 767.
Because the crime was committed with the use of a deadly weapon and by two or more persons, the applicable penalty range is reclusion perpetua to death, and the Court applied the medium period, reclusion perpetua.
The Court sentenced the accused to reclusion perpetua, awarded indemnities (including an increased indemnity to Gemma Rosario), and directed the arrest of accused who remained at large; costs against appellants were imposed.
Issues
Whether multiple rapes committed on the occasion of a robbery justify multiple convictions and penalties for robbery with rape.
Whether the imposition of the penalty of reclusion perpetua (medium period) was proper where the robbery with rape was committed with a deadly weapon and by two or more persons.
Whether the trial court's decision in Criminal Case No. N-893 should be affirmed as to the accused named.
Ruling
The Court held that even if multiple rapes were committed, only one penalty for the special complex crime of robbery with rape may be imposed; multiple convictions/penalties are not authorized.
The Court affirmed the convictions of the appellants for robbery with rape and physical injuries and applied the penalty in its medium period, i.e., reclusion perpetua.
The Court increased the indemnity awarded to Gemma Rosario to P50,000.00, directed immediate steps for arrest of accused remaining at large, and ordered costs against the appellants.
Keywords
G.R. No. 91482, Robbery with Rape and Physical Injuries, Article 294 of the Revised Penal Code, preliminary investigation, conspiracy, force and violence, unlicensed firearm, medical certificate, sworn statements, joint affidavit, circumstantial evidence, credibility of witnesses, alibi, delay in reporting a crime, identification of accused, corpus delicti, due process, Rules of Court, crime, gemma rosario