Case Summary (G.R. No. 89418-19)
Criminal Allegations
The accused were charged with the crimes of rape with homicide and robbery in band, with several aggravating circumstances including the use of firearms, taking advantage of nighttime, and recidivism. The prosecution presented evidence that on the date specified, the accused, armed with pistols and bolos, forcibly boarded the motor launch M/L Elsa and initiated a violent attack against the passengers and crew, leading to multiple rapes and the deaths of two minors, Daisy Gonzales and Yolanda Argue, due to drowning.
Prosecution's Evidence and Testimonies
The Solicitor General summarized the prosecution's evidence, detailing how the accused executed their plan to escape from the nearby penal colony by intimidating the crew and passengers. Josie Gonzales, a 13-year-old victim, testified that she was raped multiple times by different accused while a gun was pointed at her. Similarly, Narcisa Batayola, a 15-year-old victim, corroborated this account with her own testimony of being raped by several of the accused.
Defense's Position
The defense, represented by the counsel of the accused, argued that the events were misrepresented. They claimed the accused intended to escape from the penal colony rather than commit the alleged crimes. They stated that Josie Gonzales had consented to intercourse under duress, and that the incidents were not a collective conspiracy but isolated acts.
Trial Court's Findings
The Regional Trial Court found the six accused guilty of the crimes charged, emphasizing the overwhelming evidence of their guilt, including witness testimonies and the physical examination of the victims, which confirmed sexual penetration. The trial court also determined that the actions of the accused constituted a conspiracy to commit the crimes as all were seen participating in the violent acts.
Appellate Court's Ruling and Corrections
Upon appeal, the Appellate Court clarified that the trial court had erred in categorizing the crime as rape with homicide aggravated by robbery in band. Instead, the court recognized the offense as a special complex crime of robbery with homicide, with rape merely acting as an aggravating circumstance. The appellate court held that the original intent was to commit robbery, and the ensuing rapes were adjunct to that primary objective.
Aggravating Circumstances and Penalties
The appellate court affirmed the aggravating circumstances of recidivism, use of superior strength, and the involvement of an armed band. However, it rejected the aggravation of nocturnity and the use of craft, asserting that the commission of the crime did not specifically exploit nighttime conditions or involve deceit. As for penalties, the court modified the lower court's decision, reducing the imposed sentences from two separate reclusion perpetu
...continue readingCase Syllabus (G.R. No. 89418-19)
Case Overview
- The case involves the appellants Rodolfo Aspili, Ernesto Magbanua, Eduardo Mendoza, Rodolfo Sales, Robert Aguirre, and Pacifico Rebutido, who seek a reversal of the decision of the Regional Trial Court (RTC) of Palawan.
- The RTC found them guilty of the crime of rape with homicide, alongside several aggravating circumstances, including robbery in band, taking advantage of nighttime, recidivism, abuse of superior strength, and craft.
Facts of the Case
- On December 28, 1969, the motor launch M/L Elsa departed Puerto Princesa City for Dumaran, Palawan, carrying 17 individuals including crew members and passengers, among them minors Josie Gonzales and Narcisa Batayola.
- Bad weather and a damaged rudder forced the vessel to seek shelter at Balon, Sta. Lucia, Puerto Princesa City.
- During the afternoon, two of the accused, Pacifico Rebutido and Rodolfo Aspili, boarded the vessel and were later joined by four other convicts from the Sta. Lucia Penal Colony.
- The accused had been drinking and planned to escape using the M/L Elsa.
- At around 7-8 PM, the group executed their plan armed with pistols and bolos, threatening the crew and passengers, leading to chaos on board.
- Several passengers jumped overboard out of fear, while Josie Gonzales was forcibly raped by multiple assailants, and Narcisa Batayola was similarly victimized.
- Tragically, passengers Daisy Gonzales and Yolanda Argue drowned during the panic as they attempted to escape.
Charges Filed
- Two separate complaints were filed against the accused, charging them with rape