Title
People vs. Bragat
Case
G.R. No. 222180
Decision Date
Nov 22, 2017
Appellant convicted of robbery with rape; victim’s credible testimony outweighed alibi and negative medical findings. Damages increased.
robbery with rape
special complex crime
revised penal code

Case Summary (G.R. No. 222180)

Factual Background

On 9 February 2005 at about 7:00 in the evening, spouses AAA and BBB, together with their ten-month-old child, were at home in Cebu. A caller outside requested water, stating, “B, we are thirsty. Will you please give us water?” BBB recognized the caller as Jundie Balvez, a classmate of their child who had previously dropped by. AAA signaled BBB not to open the door. When the spouses went to the kitchen to lock it, four armed and masked men had already barged into the kitchen.

The four assailants—Bragat and three companions—hogtied the spouses using nylon rope and asked where the money was kept. When BBB said they had no money, Bragat and his companions beat BBB and pointed a gun at his head. Two of the men brought BBB to the spouses’ bedroom and ransacked the house. Bragat took AAA to the back of the kitchen and ordered one companion to watch the infant. At the back of the kitchen, Bragat told AAA to lie on her side. He then removed AAA’s shorts and underwear, unbuttoned his own pants, and laid on top of her.

AAA testified that when she tried to resist and told him that she had menstruation, Bragat pointed a gun at her and threatened to kill her, her husband, and their child if she did not submit. Bragat then removed his bonnet, kissed AAA, and had sexual intercourse with her. After the rape, Bragat brought AAA back to the bedroom where BBB and the other men were, particularly because BBB had refused to tell the assailants where the money was. AAA testified that when the group demanded more and she pointed out they did not have their money in the bedroom, the spouses were brought back to the kitchen. AAA identified a small box in the kitchen where they kept their money amounting to P600.00, and she also gave the assailants the only jewelry she owned—a pair of gold earrings worth P3,000.00. The assailants then left.

Medical Examination and Prosecution Proof

The spouses informed the barangay captain on 10 February 2005 at 4:00 in the morning. They then proceeded to the Women and Children Friendly Center of the Vicente Sotto Memorial Medical Center in Cebu City. Dra. Madeline Amadora examined AAA and conducted sperm identification. In the RTC, Dra. Amadora testified that the sperm identification tests yielded negative results, which she attributed to three possible reasons: (a) research indicating that only thirty percent of sperm identification becomes positive within twenty-four hours due to post-sexual activities such as washing genitalia, urinating, or bathing; (b) no penetration and/or ejaculation; or (c) AAA had menstruation when she was raped by Bragat.

A Medical Certificate, signed by Dra. Amadora and Dra. Michelle Ann Dy, an OB-Gyne resident, was submitted in the RTC as Exhibit “C.”

Version of the Defense

Bragat testified for the defense. He stated that he did not know his co-accused, Jundie Balvez, and the spouses. He claimed that on 9 February 2005 he was at the house of his employer, Celestino Jojo Andales, Jr., in Poblacion, Tuburan, Cebu, and that his employer owned the trisikad he drove from 2004 until his arrest. Bragat asserted that around 7:00 in the evening, he had just returned the trisikad to his employer’s garage. After about an hour of talking to his employer, he slept in his employer’s house with two other trisikad drivers, Federico Casas and Berto Bensolan. He further claimed he only went home to his family in Tabuelan on weekends.

Bragat also asserted that on 10 February 2005, AAA pointed to him while he was waiting for passengers. He alleged that two policemen arrested him without warrant and were not in uniform or armed. He maintained that he was innocent, while the accused at large remained unidentified as to their participation.

Trial Court Proceedings

After evaluating the evidence, the RTC found Bragat guilty beyond reasonable doubt of robbery with rape under Article 294 of the Revised Penal Code. It imposed the penalty of reclusion perpetua, with accessory penalties under law. It also ordered him to indemnify AAA jointly with BBB for civil indemnity of P75,000.00, moral damages of P75,000.00, and exemplary damages of P30,000.00. The RTC further ordered the payment of P600.00 as the value of money taken and the return of the earrings valued at P3,000.00, with the obligation to pay their value if return was already impossible. The RTC imposed six percent (6%) interest per annum on monetary awards from the date of finality until full payment.

Appellate Court Ruling

Bragat’s appeal in the Court of Appeals was denied. The CA affirmed with modification. It reduced the civil indemnity to P50,000.00 and the moral damages to P50,000.00. The appellate court otherwise sustained the RTC finding of guilt for robbery with rape.

The Parties’ Contentions on Appeal

Bragat raised the issue of whether he was guilty of robbery with rape. The defense mainly challenged the sufficiency of the prosecution evidence to establish rape on the occasion of the robbery, particularly by relying on the negative findings of the physical examination and questioning the reliability of AAA’s testimony as the sole basis for rape.

The prosecution, as affirmed by the RTC and the CA, maintained that it proved all the essential elements of robbery with rape, including the concurrence of violence or intimidation with the taking of property and the commission of rape as an accompanying offense on the occasion of the robbery.

Legal Basis and Reasoning

The Court held that the RTC and the Court of Appeals correctly found Bragat guilty beyond reasonable doubt of the special complex crime of robbery with rape under Article 294, as amended by Section 9 of Republic Act No. 7659. The Court explained that robbery with rape contemplates the situation in which the accused’s original intent was to take, with intent to gain, personal property belonging to another, and the rape was committed on the occasion of the robbery or as an accompanying crime.

The Court found that the prosecution established the following essential elements: first, that the taking of personal property was committed with violence or intimidation against persons; second, that the property belonged to another; third, that the taking was done with animo lucrandi; and fourth, that the robbery was accompanied by rape.

On the elements relating to robbery, the Court accepted the courts below’ findings that Bragat and his masked companions barged into the house, restrained the spouses with rope, demanded money, and used violence and intimidation, including beating BBB and pointing a gun to his head. The Court also sustained the finding that the demand and taking of P600.00 and the gold earrings of AAA demonstrated animo lucrandi. It emphasized that intent to gain is an internal act, and that it is presumed from the unlawful taking of things.

On the rape element, Bragat argued that AAA’s testimony alone was insufficient. The Court rejected this argument. It reaffirmed its consistent ruling that the sole testimony of the rape victim may be sufficient to convict the accused if it meets the test of credibility. The Court considered AAA’s testimony credible and found that Bragat did not discredit the prosecution witnesses and did not strengthen his alibi.

The Court addressed Bragat’s defense of alibi by noting that he did not present witnesses who were supposedly with him at the time of the incident, including his alleged companions and other drivers, nor did he adduce evidence that made the prosecution’s presence at the scene physically impossible. The Court held that, absent proof of clear and convincing character, alibi and denial remain negative, self-serving, and undeserving of weight in law. It further reiterated that the trial judge’s evaluation of witness credibility is entitled to the highest respect, absent clear showing that material facts or influences were overlooked or misinterpreted.

The Court also rejected reliance on the negative results of the medical examination. It held that a medical examination and a medical certificate are merely corroborative and are not indispensable to the prosecution of rape. The Court adopted the reasoning that the absence of fresh lacerations does not disprove rape, that a freshly broken hymen is not an essential element of rape, and that healed lacerations or even negative physical findings do not negate rape when other evidence establishes the crime. It thus treated the medical negatives as insufficient to overcome AAA’s credible testimony and the surrounding evidence.

Finally, although the Court affirmed conviction, it modified the awards of damages. It increased the civil indemnity, moral damages, and exemplary damages to P75,000.00 each, applying prevailing jurisprudence on the proper amounts.

Disposition and Final Modification

The Supreme Court affirmed with modi

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