Case Digest (G.R. No. 248204)
Facts:
People of the Philippines v. Jonathan Juarizo Evardone, G.R. No. 248204, August 24, 2020, the Supreme Court Third Division, Carandang, J., writing for the Court.The prosecution charged Jonathan Juarizo Evardone (accused-appellant) with the special complex crime of robbery with rape under Article 294, paragraph 1 of the Revised Penal Code (as amended by R.A. 7659) in Criminal Case No. 11-43069, and with two separate counts of rape under Article 266-A in Criminal Cases Nos. 11-43070 and 11-43071. The victim is identified in the record as AAA (name withheld). The informations allege that on August 12, 2011 the accused, together with an unidentified male companion, robbed AAA at knifepoint and thereafter raped her on multiple occasions.
At trial AAA testified that at about 4:30 a.m. on August 12, 2011 two men accosted her, that one—later identified as the accused—threatened her with a knife, declared a hold-up and took her cellphone, and then forcibly raped her three times in and beside a canal and beside a parked car. AAA’s account was corroborated by a Medico‑Legal Report showing recent blunt penetrating trauma to the hymen and external incised wounds on her right thumb and middle finger, and by testimony from her sister that AAA returned home wet and dirty. AAA identified the accused at a barangay proceeding after a neighbor gave four names; the accused and three others were presented and AAA pointed to him.
The accused testified to an alibi: he said he was at a wake from the evening of August 11 until about 5:00 a.m. on August 12 and then ate lugaw in Sitio Broadway with friends, and that he was later called to the barangay where a woman pointed at him but he said nothing. Two friends corroborated portions of his account but acknowledged that the wake site, the place where they ate, and the crime scene were all within the same barangay.
The Regional Trial Court (RTC), Branch 100, Antipolo City, convicted the accused on November 17, 2016 of robbery with rape (Crim. Case No. 11-43069) and of two counts of rape (Crim. Cases Nos. 11-43070 and 11-43071), sentencing him to reclusion perpetua on each count and ordering damages (RTC decision quoted in the record). On appeal the Court of Appeals (CA) in a Decision dated April 3, 2019 affirmed the RTC as to robbery with rape but modified the disposition: it acquitted the accused of the two separate rape counts on the ground that multiple rapes accompanying a robbery are absorbed into the single crime of robbery with rape (citing People v. Seguis), affirmed conviction for robbery with rape but set the penalty as “reclusion perpetua without eligibility for parole,” increased the damages, and ordered interest.
The case reached the Supreme Court (captioned here with the People as petitioner and Evardone as respondent). The Supreme Court reviewed the CA ruling and the trial record an...(Pro-only)
Issues:
- Whether accused-appellant is guilty beyond reasonable doubt of the crime of robbery with rape. ...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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