This case has been cited 4 times or more.
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2000-04-27 |
BELLOSILLO, J. |
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| We likewise find these contentions of accused-appellant unconvincing. The prosecution for rape in the instant case is based solely on the testimony of complaining witness. Thus, the basic issue that must be addressed is her credibility. Doctrinally, the trial court's assessment of the credibility of witnesses is accorded the highest respect and weight by the appellate courts. It is normally sustained unless material facts and circumstances have been overlooked, misunderstood or misapplied.[12] There is no such showing in this case. | |||||
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2000-04-27 |
BELLOSILLO, J. |
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| The Information charges accused-appellant with the special complex crime of robbery with rape. The record shows that the prosecution has established that he committed both robbery and rape with the intent to take personal property of another preceding the rape. Under Art. 294, par. (1), of the Revised Penal Code, "x x x [a]ny person guilty of robbery with the use of violence against or intimidation of persons shall suffer: 1. The penalty of reclusion perpetua to death, x x x when the robbery shall have been accompanied by rape x x x x" Complaining witness Juditha Bautista was raped twice on the occasion of the robbery. In this regard, this Court had declared in some cases that the additional rapes committed on the same occasion of robbery would not increase the penalty.[13] There were also cases, however, where this Court ruled that the multiplicity of rapes committed could be appreciated as an aggravating circumstance.[14] Finally, in the recent case of People v. Regala,[15] the Court held that the additional rapes committed should not be appreciated as an aggravating circumstance despite a resultant "anomalous situation" wherein robbery with rape would be on the same level as robbery with multiple rapes in terms of gravity.[16] The Court realized that there was no law providing for the additional rape/s or homicide/s for that matter to be considered as aggravating circumstance. It further observed that the enumeration of aggravating circumstances under Art. 14 of the Revised Penal Code is exclusive, unlike in Art. 13 of the same Code which enumerates the mitigating circumstances where analogous circumstances may be considered, hence, the remedy lies with the legislature. Consequently, unless and until a law is passed providing that the additional rape/s or homicide/s may be considered aggravating, the Court must construe the penal law in favor of the offender as no person may be brought within its terms if he is not clearly made so by the statute. Under this view, the additional rape committed by accused-appellant is not considered an aggravating circumstance. Applying Art. 63, par. (2), of the Revised Penal Code which provides that "(i)n all cases in which the law prescribes a penalty composed of two indivisible penalties, the following rules shall be observed in the application thereof x x x x 2. (w)hen there are neither mitigating nor aggravating circumstances in the commission of the deed, the lesser penalty shall be applied," the lower penalty of reclusion perpetua should be imposed on accused-appellant. | |||||
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2000-04-27 |
BELLOSILLO, J. |
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| As to the award of damages to the complaining witness, an additional amount of P50,000.00 may be given as damages ex delicto in line with recent jurisprudence.[17] | |||||
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2000-04-05 |
GONZAGA-REYES, J. |
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| "1. The penalty of reclusion perpetua to death, when for any reason of or on occasion of the robbery, the crime of homicide shall have been committed, or when the robbery shall have been accompanied by rape or intentional mutilation or arson." The victim in the case at bar was raped twice on the occasion of the robbery. There are cases[16] holding that the additional rapes committed on the same occasion of robbery will not increase the penalty. In People vs. Martinez,[17] accused Martinez and two (2) other unidentified persons, who remained at large, were charged with the special complex crime of robbery with rape where all three raped the victim. The Court imposed the penalty of death after considering two (2) aggravating circumstances, namely, nocturnidad and use of a deadly weapon. However, the Court did not consider the two (2) other rapes as aggravating holding that "(T)he special complex crime of robbery with rape has, therefore, been committed by the felonious acts of appellant and his cohorts, with all acts or rape on that occasion being integrated in one composite crime." J | |||||