Case Digest (G.R. No. L-29230)
Facts:
On February 6, 1967, in Baybay, Leyte, Diosdado Alvarado, Jr., Sofronio Pegares, Justiniano Oracion, and Salazar Aragon were charged with Robbery in Band with Rape and multiple physical injuries after armed forcible entry into the house of Alfonso Mesario and Celerina Saladores and the theft of cash and jewelry and the rape of two women. The Court of First Instance convicted all four; appeals followed, and only Sofronio Pegares and Justiniano Oracion prosecuted their appeals to this Court.Issues:
- Was the evidence sufficient to convict the appellants of robbery with rape and attendant physical injuries?
- Was the trial court correct in imposing separate penalties for each physical injury sustained in the course of the robbery?
Ruling:
The Court found the testimony of the prosecution credible and affirmed the appellants' convictions but modified the sentences. Justiniano Oracion was convicted of Robbery with Rape (par. 2, Art. 294) and sentenced to reclusion perpetua and to i Case Digest (G.R. No. L-29230)
Facts:
- Parties and charges
- The People of the Philippines charged Diosdado Alvarado, Jr., Sofronio Pegares, Justinianio Oracion, and Salazar Aragon with Robbery in Band with Rape and Multiple Physical Injuries.
- Complaint alleged entry by force on February 6, 1967, at Baybay, Leyte, with theft of P12,730.00 and commission of rape upon two victims and injuries upon four persons.
- Circumstances of the intrusion and theft
- At about 2:00 a.m., the accused, each armed with a revolver, bored through the kitchen door and entered the house of spouses Alfonso Mesario and Celerina Saladores.
- Four accused entered the room where several persons slept, ransacked aparadores and a trunk, and took P4,000.00 and jewelry from Dionisia Saladores and P8,200.00 from Celerina Saladores.
- Acts of violence, rape and flight of victims
- Accused assaulted Dionisia Saladores; Sofronio Pegares struck her with a revolver.
- Magdalena Arejola was dragged from under a bed by Justiniano Oracion, taken to a coconut plantation, and raped after forcible removal of her panty.
- Flora Prado was dragged from under a bed by Salazar Aragon, brought to the kitchen, forcibly stripped and raped; she later felt vaginal pain and had positive sperm-cell findings.
- Simeon Mesario escaped through a window, was fired upon, sustained a gunshot wound and injuries from landing after the jump.
- Medical examinations and findings
- Dr. Francisco Isidro found contusions, abrasions and a small laceration on Dionisia Saladores, healing in 10–15 days.
- Dr. Leticia Lacerna Perez found abrasions on Flora Prado’s external genitalia and positive sperm cells.
- Dr. Victorino Abrasaldo found thoracic concussion and contusion on Flora Prado; Dr. Emilio Martinez found gunshot wound and contusions on Simeon Mesario.
- Dr. Abrasaldo found extensive contusions on Celerina Saladores, healing in 6–9 days.
- Trial court verdict and sentences
- The Court of First Instance of Leyte convicted:
- Justinianio Oracion of robbery in band with rape and multiple injuries; imposed reclusion perpetua plus three separate indeterminate penalties for injuries and indemnity P20,000 to Magdalena Arejola.
- Salazar Aragon of robbery in band with rape and multiple injuries; imposed reclusion perpetua plus three separate indeterminate penalties and indemnity P10,000 to Flora Prado.
- Diosdado Alvarado, Jr. and Sofronio Pegares convicted of robbery in band with multiple injuries; each given three separate indeterminate penalties.
- Trial court ordered joint and several indemnities of P2,250 to Dionisia and P2,000 to Celerina, and assessment of four-fifths of costs.
- Trial court directed successive service of sentences under Art. 70, Revised Penal Code subject to a forty-year ceiling, and denied one-half credit under Art. 29, Revised Penal Code...(Subscriber-Only)
Issues:
- Issues as framed on appeal
- Whether the evidence established beyond reasonable doubt the guilt of Justinianio Oracion and Sofronio Pegares for the offenses charged.
- Whether the trial court erred in imposing multiple separate indeterminate penalties for injuries sustained during the robbery.
- Whether the injuries inflicted during the robbery justify separate penalties distinct from the penalty for robbery in band with rape or robbery in band with violence.
- Whether appellants’ alibi defenses were sufficient to create reasonable doubt.
- Whether credit for pr...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)