Case Digest (G.R. No. 207684)
Facts:
In The People of the Philippines vs. Jessie Tapales y Vargas and Pedro Coranez y Tatualla (G.R. No. L-35281, September 10, 1979), the Circuit Criminal Court of Manila convicted the two appellants of Robbery with Homicide and Rape, sentencing each to death. On October 27, 1971 at about 11:45 P.M., Eugenio Calaykay and Diana Ang were in a taxi at Jones Bridge, Manila, when Jessie Tapales (armed with a gun) and Pedro Coranez (armed with a balisong knife)—confederates of two still-at-large taxi drivers—boarded the vehicle, announcing a hold-up. They took Calaykay’s gold-plated “Rado” wristwatch and wallet, and Ang’s Parker pen and Mexican coins. The taxi proceeded into Intramuros, where Calaykay shouted “hold-up,” was shot twice and stabbed in the chest, and died shortly thereafter. The assailants then forced Ang to remain in the taxi, repeatedly sexually assaulted her en route to Quezon City and again in a vacant lot. They threatened her life if she reported the crime, but Ang escaCase Digest (G.R. No. 207684)
Facts:
- Circumstances of the Crime
- On the night of October 27–28, 1971, at around 11:45 P.M., appellants Jessie Tapales y Vargas and Pedro Coranez y Tatualla conspired to rob taxi passengers Eugenio Calaykay y Baldonado and Diana Ang y Navales at Jones Bridge, Manila.
- Armed with a gun and a balisong knife, they boarded the taxi, threatened the victims, stole a “Rado” wristwatch, a wallet with cash, Mexican currency, and a Parker pen.
- After Calaykay shouted “hold-up,” Tapales shot him twice and Coranez stabbed him once; Calaykay died on Del Pan Bridge. They then forced Diana Ang to remain in the taxi, drove to Quezon City, and in a vacant lot both took turns raping her under threat of violence.
- Diana Ang reported the crime to police at Precinct 8, identified Calaykay’s body at the morgue, underwent a medico-legal examination, and aided in the subsequent arrest of both appellants, who gave sworn statements and, in open court, admitted the robbery and homicide; Tapales also admitted the rape, while Coranez denied it.
- Procedural History
- The Manila Circuit Criminal Court charged appellants with Robbery with Homicide and Rape, informed them of the penalty (life or death), and accepted their plea of guilty after they acknowledged understanding its consequences.
- Citing People v. Mongado, the trial court treated rape as a generic aggravating circumstance to Robbery with Homicide, received evidence to establish attendant circumstances, and on April 21, 1972 found both guilty, imposing the death penalty and ordering indemnities and restitution.
- Appellants appealed, assigning as errors: (I) the characterization of rape as aggravating; (II) the finding of nighttime as aggravating; (III) the imposition of death; the case was automatically reviewed by the Supreme Court.
Issues:
- Whether rape committed on the occasion of robbery with homicide is properly considered an aggravating circumstance.
- Whether the fact that the crime occurred at nighttime constitutes an aggravating circumstance.
- Whether the death penalty was erroneously imposed given the circumstances and plea of guilty.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)