G.R. No. 99868 - People vs. Tamang

The case involves multiple accused charged with the crime of robbery with rape under Article 294, paragraph 2, in connection with Article 296 of the Revised Penal Code.
The incident occurred on or about December 14, 1986, in the Municipality of Delfin Albano, Isabela, Philippines, during the early morning hours at a residence.
The offenses include the taking of various valuables and cash, and, more gravely, the forcible commission of rape during the commission of the robbery.

The accused, armed with assorted firearms, conspired and acted in concert to commit the acts of robbery.
Specific valuables involved included:

The charge was compounded by the allegation of rape committed during the robbery, wherein Ariel Limbauan, with the aide of Leonor Tamang, forcibly took Elisa Austria outside and raped her.

Testimonies from the victim, Elisa Austria, were pivotal in establishing the sequence of events.
Elisa Austria testified that:

She was awoken and forcibly taken from the upstairs room.
Leonor Tamang pointed a firearm at her and led her downstairs.
Upon reaching the ground floor and subsequently a banana grove, Ariel Limbauan forcibly took over and raped her.

Other witness statements, including that of Marcela Bacani and the investigative officer’s report, corroborated the involvement of the accused.
Documentary evidence, such as the statement (Exhibit "E") given by Elisa Austria shortly after the incident, reaffirmed the roles played by Leonor Tamang and Ariel Limbauan.

Accused Ariel Limbauan pleaded guilty.
The remaining accused, including Leonor Tamang, pleaded not guilty.
The charges against Alfonso Laman and Eliseo Sanchez were dismissed due to their demise.

Ariel Limbauan and Leonor Tamang each to suffer the penalty of Reclusion Perpetua, with additional civil indemnity orders.
The remaining accused (Luga, Tandayu, and Afunay) were sentenced to prison terms after applying the Indeterminate Sentence Law.

The trial court found sufficient evidence that a conspiracy existed between Leonor Tamang and Ariel Limbauan, particularly in handing over the victim, Elisa Austria, thereby facilitating the rape.

She was guilty only of robbery in band and not of the complex crime of robbery with rape.
Her action of bringing the victim downstairs was intended for logistical purposes—to have her join the others—and not to facilitate the rape.

The appellant argued that her role did not extend to a direct act of rape, claiming her involvement in the conspiracy was misinterpreted.

Whether the actions of the appellant, Leonor Tamang, in forcibly taking the victim downstairs and subsequently handing her over to Ariel Limbauan, constitute participation in the complex crime of robbery with rape or merely robbery in band.

Whether the evidence presented, particularly the victim’s testimony and the circumstantial elements, sufficiently establish a conspiracy between Leonor Tamang and Ariel Limbauan.
Whether the conduct of Leonor Tamang shows an agreement with Ariel Limbauan to commit not only robbery but also to facilitate the commission of rape.

Whether the appellant’s claim that her intent was solely to gather the victim with the others is credible in light of the witness testimonies.
Whether the sequencing of events and physical actions (e.g., pointing of a firearm, forced movement) indicate a deliberate conspiracy.