Case Digest (G.R. No. 140033) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In People of the Philippines v. Rogelio Moreno y Reg, G.R. No. 140033, decided January 25, 2002 under the 1987 Constitution, the accused-appellant Rogelio Moreno y Reg (hereafter Moreno), then 19 years old and resident of Laperal Compound, Guadalupe Viejo, Makati City, was automatically reviewed after the Regional Trial Court (RTC), Branch 138, Makati City, found him guilty on August 9, 1999 of the special complex crime of robbery with rape pursuant to Articles 293 and 294 of the Revised Penal Code as amended by Republic Act No. 7659. The RTC sentenced him to suffer the penalty of death and to pay ₱200,000 as moral damages and ₱1,000 as compensation for lost personal property. The Information alleged that on January 8, 1999 at about 12:45 A.M. in the ABC Commercial Complex, Makati City, Moreno, armed with a fan-knife, willfully and unlawfully robbed and intimidated Marites Felix y Tacadena (hereafter Felix), a 20-year-old Burger Machine service crew, of a gold ring, a black bag Case Digest (G.R. No. 140033) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Incident and Assault
- On January 8, 1999 at about 12:45 A.M., Marites Felix, a 20-year-old service crew of Burger Machine, was walking along ABC Commercial Complex, Makati, when a man put his arms around her, pointed a fan-knife at her neck, and dragged her to a vacant space behind a parked car.
- The assailant, later identified as Rogelio Moreno, unbuttoned and removed her clothes, threatened her with further violence, forced her into sexual intercourse, and then, as an afterthought, snatched her shoulder bag containing cash (₱200), an ATM card, coupons, a Bible, toiletries, and a T-shirt.
- Identification, Arrest, and Medical Examination
- Under street and complex lights, Marites noticed tattoos on the assailant’s arms and recognized him as Rogelio, who frequently passed by her outlet wearing a Burger Machine T-shirt. Police later found her gold ring at the crime scene and traced Rogelio to Laperal Compound, where he was hiding in a house wearing the victim’s T-shirt. Marites positively identified him.
- At the Makati police station and the NBI medico-legal office, Marites underwent investigation. Dr. Villena found breast contusions, an intact but distensible hymen, and positive human spermatozoa, indicating recent intercourse.
- Defense, Trial, and RTC Decision
- Rogelio pleaded alibi, claiming he was sleeping outside his uncle’s house in Laperal Compound; a neighbor testified he saw him playing basketball hours earlier and then sleeping.
- The Regional Trial Court, Branch 138, Makati City, found Rogelio guilty beyond reasonable doubt of the special complex crime of robbery with rape, applied the aggravating circumstance of nocturnity, imposed the death penalty, and ordered moral damages of ₱200,000 and restitution of ₱1,000.
Issues:
- Sufficiency and Classification of the Evidence
- Whether the prosecution proved beyond reasonable doubt that Rogelio committed robbery with rape as a special complex crime.
- Whether the taking of the victim’s property was part of an original plan or merely an afterthought.
- Constitutional Rights and Aggravation
- Whether Rogelio’s right to counsel and to remain silent was violated during his arrest and custodial investigation.
- Whether the court properly appreciated nighttime (nocturnity) as an aggravating circumstance.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)