Case Digest (G.R. No. 89418-19)
Facts:
People of the Philippines v. Rodolfo Aspili, Ernesto Magbanua, Eduardo Mendoza, Rodolfo Sales, Roberto Aguirre and Pacifico Rebutido, G.R. Nos. 89418-19, November 21, 1990, Supreme Court Third Division, Gutierrez, Jr., J., writing for the Court.On December 28, 1969, the motor launch M/L Elsa left Puerto Princesa for Dumaran with crew, cargo and seventeen persons aboard including minors Josie Gonzales (13) and Narcisa Batayola (15). Because of bad weather the launch sought shelter near Balon, Sta. Lucia, where it was stranded. Two persons later came aboard and, together with four others (all inmates/colonists of the Sta. Lucia Penal Colony), are alleged to have conspired to escape and to have boarded the launch armed with pistols and bolos. According to the prosecution, the six forcibly took control of the vessel, threatened crew and passengers, ransacked baggage and cargo, and during the commotion committed sexual assaults on Josie and Narcisa; two other passengers, Daisy Gonzales (15) and Yolanda Arque (9), drowned in the ensuing panic and were found dead.
Separate complaints (Criminal Cases Nos. 3 and 4) charged the six accused with rape with homicide and robbery in band; the cases were consolidated. The trial court found all six guilty of rape with homicide with multiple aggravating circumstances (including “robbery in band,” nighttime, recidivism, superior strength and craft) and imposed two consecutive penalties of reclusion perpetua (one for each complaint), plus civil indemnities and damages. The appellants appealed, assigning errors as to the characterization of the offense(s) and the finding of conspirac...(Pro-only)
Issues:
- Did the trial court err in characterizing the crimes as rape with homicide aggravated by “robbery in band,” nighttime, superior strength, recidivism and craft (i.e., was the proper offense one of rape with homicide or another complex crime)?
- Did the trial court err in finding conspiracy and convicting all appellants when some allegedly did not direc...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)