Case Summary (G.R. No. 140033)
Arrest and Identification
Vendors assisted Felix back to the outlet and summoned police. Officers recovered her ring at the scene and, with the victim, searched the vicinity. In Laperal Compound they observed Moreno hiding, wearing Felix’s T-shirt. Upon approach, she positively identified him as her assailant. He was arrested and taken to the Makati Police Station without private counsel.
Medical Examination
On the morning of 9 January 1999, NBI medico-legal officer Dr. Aurea Villena found on Felix contusions to the breasts; intact but distensible hymen with 2.5 cm orifice; and positive human spermatozoa, confirming recent forced intercourse.
Trial Court Proceedings
Moreno pleaded not guilty. Prosecution presented Felix’s testimony, police witnesses, and medico-legal report. Defense offered alibi: he claimed to have been asleep at his uncle’s house in Laperal Compound. A neighbor testified to his presence until about 10 P.M. on 7 January 1999.
RTC Decision
The trial court credited Felix’s detailed positive identification, rejecting alibi and denial. Under RPC Arts. 293-294 it found Moreno guilty of the special complex crime of robbery with rape, applied nocturnity as aggravating circumstance, imposed death penalty, and awarded P200,000 moral damages and P1,000 for unrecovered property.
Issues on Appeal
- Whether evidence established robbery with rape beyond reasonable doubt.
- Whether Moreno’s right to counsel and to remain silent under the 1987 Constitution were violated upon arrest.
- Whether nocturnity was properly appreciated as aggravating circumstance.
Rape Conviction Under Article 266-A RPC
The Supreme Court held that force or intimidation was sufficiently proven by knife-at-neck threats and physical control, and that victim’s submission was involuntary. Under the 1987 Constitution and RPC Art. 266-A, resistance need not be shown where intimidation is present. Felix’s immediate police report, participation in the search, consistent identification, and medical findings precluded fabrication. Conviction for rape affirmed; penalty reclusion perpetua.
Distinction Between Robbery with Rape and Separate Offenses
Special complex robbery with rape requires intent to rob preceding the rape. Here, Moreno’s primary intent was sexual gratification—he refused the ring and bag offers until after intercourse. Theft was an afterthought committed without fresh violence or intimidation. Therefore, the complex crime does not subsist; Moreno is liable separately for rape and for theft under RPC Art. 309.
Aggravating Circumstance of Nocturnity
Nocturnity aggravates only if it was deliberately sought and materially facilitated the crime. Felix testified to adequate street and complex lighting; darkness did not obscure identification. Furthermore, nocturnity was not alleged in the information. Under Rule 110 § 8 (retroactively applied), unalleged aggravating circumstances cannot be appreciated. No nocturnity enhancement.
Alleged Violations of C
Case Syllabus (G.R. No. 140033)
Procedural Posture
- Accused-appellant Rogelio Moreno y Reg was arraigned on 25 January 1999 in RTC Makati City, Branch 138, in Criminal Case No. 99-026, and pleaded not guilty to the charge of robbery with rape.
- The RTC, in its 9 August 1999 Decision, convicted Rogelio of the special complex crime of robbery with rape, imposed the death penalty as amended by R.A. No. 7659, and ordered him to pay P200,000 in moral damages and P1,000 for the value of the items taken.
- Rogelio filed an appeal to the Supreme Court assigning errors in proof of guilt, denial of counsel and Miranda rights, and the appreciation of nocturnity.
- The Office of the Solicitor General (OSG) filed an appellee’s brief supporting conviction but proposing modifications in the damage awards.
- The Supreme Court took the case for automatic review under Article 47 of the RPC, as amended by R.A. No. 7659.
Facts
- On 8 January 1999 at about 12:45 AM, victim Marites Felix, a 20-year-old Burger Machine crew member, was walking home along ABC Commercial Complex, Makati.
- Rogelio approached from behind, put his arm around her, and pointed a fan-knife to her neck; Marites recognized him by his tattoos and previous frequent passing by the outlet.
- He dragged her to a vacant space behind a parked car, threatened her with death if she made noise, forcibly undressed her partially, and raped her twice using force and intimidation.
- After raping her, Rogelio snatched her shoulder bag containing an ATM card, P200 cash, Bible, toothbrush, toothpaste, Burger Machine coupons, and her uniform shirt, then fled.
- Vendors assisted Marites back to the outlet and called the police; Marites aided in the search, and her ring was found at the scene.
- Police, with barangay tanod, located Rogelio hiding in Laperal Compound wearing a hat, blue jacket, and underneath her Burger Machine T-shirt stained with catsup; Marites positively identified him.
- Dr. Aurea P. Villena conducted a medico-legal exam showing intact but distensible hymen, contusions on the breasts, and presence of spermatozoa.
- Rogelio invoked alibi, claiming he was asleep at his uncle’s house in Laperal Compound; his friend Zaldy Carino partially corroborated he played basketball earlier and returned h