Case Digest (G.R. No. 230549)
Facts:
In People v. Glenn Barrera y Gelvez (G.R. No. 230549, December 1, 2020), the accused-appellant, Glenn Barrera y Gelvez, was charged by Information dated February 4, 2013 with the special complex crime of robbery with rape committed on February 2, 2013 at around 5:30 a.m. in Calamba City. The Information alleged that he broke the window jalousies, entered the home of private complainant BBB and stole a portable DVD player worth ₱2,500 and a 21-inch television, then sexually assaulted AAA, a seven-year-old girl, by pulling down her shorts and inserting his tongue into her vagina. The Regional Trial Court (RTC), Branch 34, Calamba City, after trial, convicted him of robbery with rape under Articles 293 and 294 of the Revised Penal Code and imposed reclusion perpetua, plus civil, moral, and exemplary damages. The Court of Appeals (CA) affirmed the conviction on September 30, 2016, disallowed parole under R.A. 9346 and increased civil and moral damages to ₱75,000 each. Barrera appealCase Digest (G.R. No. 230549)
Facts:
- Criminal Act
- On February 2, 2013 at about 5:30 a.m. in Calamba City, the accused broke into the home of private complainants by removing a window jalousie, entering through the door, and stealing a portable DVD player (₱2,500.00) and a 21-inch television.
- He then went upstairs, approached AAA (a 7-year-old minor), pulled down her shorts and inserted his tongue into her vagina.
- Procedural History
- The accused pleaded not guilty; after trial, the RTC convicted him of robbery with rape (Art. 293 in relation to Art. 294, RPC) and sentenced him to reclusion perpetua plus civil damages (₱50,000 actual, ₱50,000 moral, ₱30,000 exemplary).
- On appeal, the Court of Appeals affirmed the conviction, modified damages to ₱75,000 each (civil and moral), and ruled the accused ineligible for parole under R.A. 9346.
- The Supreme Court resolved the appeal under Sec. 13(c), Rule 124, Rules of Court.
Issues:
- Whether the testimonies of the minor victim (AAA) and her father (BBB) were credible and sufficient to establish guilt beyond reasonable doubt.
- Whether the offense should be classified as the special complex crime of robbery with rape under Art. 294, RPC, or as two separate offenses (robbery by force upon things under Art. 299 and sexual assault under Art. 266-A(2) in relation to R.A. 7610).
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)