G.R. No. 250128 - People vs. Jay Cordial y Brez

Accused Jay Cordial y Brez (Cordial), together with Jimmy Irinco y Lagitan (Irinco), Marvin Apilyedo y Vililia (Apilyedo), Victor Eva, Jr. y Corcoto (Eva), and a certain Jane Doe ("Gina"), were charged with robbery with rape.
The accused were alleged to have conspired and forcibly entered the home of the victims at Mandaluyong City on March 12, 2012.
They used force and intimidation, including firearms and knives, to unlawfully take property (gold wedding ring, cellphones, laptops, cash, portable gaming unit) with an estimated total value of Php 300,000.00.
During the robbery, Eva inserted his fingers inside the vagina of victim AAA, while Cordial forcibly mashed AAA’s breasts.

At around 8:00 p.m., BBB was in the living room checking emails; his wife, CCC, was watching TV; children and grandchildren were upstairs.
The househelp ("Gina") left the gate open to throw out garbage.
The four accused (excluding Gina) entered the house; Eva pointed a gun at BBB and ordered him to lie face down, and tied his hands.
Cordial and Apilyedo tied CCC’s hands and covered her mouth.
Irinco took BBB’s wedding ring; Cordial took other valuables including laptop, cellphone, and wallet.
Upstairs, Eva and Cordial forcibly bound AAA; Eva threatened her with a gun and sexually assaulted her by digital penetration, while Cordial tied her hands and molested her breasts.
AAA begged to stop and promised to show the vault; Cordial then moved AAA downstairs to her parents.
At approximately 9:00 p.m., barangay tanods, alerted by a tricycle driver, arrived, found the victims tied; Eva escaped but was later arrested, along with the other accused except Eva who died during trial.

RTC of Mandaluyong found Cordial guilty beyond reasonable doubt of robbery with rape and sentenced him accordingly.
The RTC distinguished between the roles of the accused, convicting Eva and Cordial for robbery with rape, Irinco and Apilyedo for robbery only.
The RTC appreciated aggravating circumstances of dwelling and commission by a band.
The Court of Appeals (CA), on appeal by Cordial, affirmed the RTC’s findings with modifications on the penalty and damages.

Whether accused Cordial can be held liable for the special complex crime of robbery with rape, given the absence of proof that he had prior knowledge or intent to commit rape.
Whether the inconsistencies in prosecution witnesses’ testimonies affect Cordial’s conviction.
What is the appropriate penalty and classification of crimes Cordial should be convicted of in light of the facts and current law?
Whether Cordial may be convicted of multiple crimes on the basis of one Information without motion to quash for duplicity.