Case Summary (G.R. No. 101793)
Criminal Incident and Victim Testimonies
On the morning of August 18, 1990, armed intruders, identifying themselves as members of the New People's Army, entered the Norbe household under the pretense of purchasing alcohol. They were met with resistance from Arlene, but Pedro opened the door to provide water. The intruders forcibly entered, displayed firearms, and restrained Pedro while three of them raped Arlene in the presence of their terrified children. Following the assaults, they stole minor valuables, including cash amounting to P2,755.00, and threatened the couple against reporting the incident.
Identification of the Accused
Days later, Melchor Olarte was arrested for illegal possession of firearms, which led to the identification of both him and Roger Vinearta as the assailants in the Norbe case. Initially, the couple hesitated but ultimately identified Olarte after he was presented to them. Arlene specifically recognized Vinearta based on his appearance when he entered their home. Pedro corroborated this identification, illustrating strong familiarity with both men as regular customers.
Defense by the Accused
During the trial, both appellants offered alibi defenses. Olarte claimed he was drinking at his mother's house a considerable distance away, while Vinearta asserted he was asleep in Talisay, approximately eight and a half kilometers from the scene. However, their alibis were found unconvincing and lacked corroboration.
Trial Court Ruling
Judge Simplicia S. Medina of the Regional Trial Court of Bacolod City convicted both Olarte and Vinearta, sentencing them to reclusion perpetua. This decision was based on the evidence presented, including the positive identification by the Norbe spouses and the absence of credible alibi.
Appeal and Conviction Assessment
In their appeal, the accused argued against the conviction, asserting that the Norbe spouses' testimonies were inconsistent. Despite this, the Court found the spouses credible witnesses with consistent accounts of the crime. It emphasized that the victims had no motive to falsely accuse the accused. Furthermore, the Court dismissed claims regarding procedural irregularities involving Olarte's arrest and torture, stating that such allegations lacked supporting evidence.
Legal Provisions and Sentencing
The applicable law in this case is Article 294, paragraph 2, of the Revised Penal Code, which addresses penalties for robbery resulting in violence or intimidation, particularly when accompanied by rape. The Court noted that the crime fell under provisions demanding reclusion perpetua due to being committed by multiple armed persons. The Court lamented that, in light of current constitutional pr
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Case Overview
- This case involves the heinous crime of robbery with rape perpetrated against the Norbe couple in Barangay Alangilan, Bacolod City, on August 18, 1990.
- The accused, Melchor Olarte and Roger Vinearta, were identified as two of the three men who invaded the Norbe residence, tied up the husband, and raped the wife in front of their young children.
- Following their trial, both men were convicted and sentenced to reclusion perpetua.
Facts of the Case
- The Norbe couple, Pedro and Arlene, were awakened at around 1:00 AM by three men who initially posed as potential customers seeking whisky.
- Upon being denied entry, the intruders requested water, which Pedro provided, leading to their forced entry into the house.
- The assailants were armed, with one holding a gun and another, Olarte, wielding a bolo.
- The husband was hogtied while the wife was brutally raped by the intruders, despite pleas for mercy.
- After the assaults, the intruders stole various items including clothing and cash totaling approximately P2,755.00.
Identification of the Accused
- The couple's identification of the accused was pivotal in the prosecution's case.
- Pedro and Arlene provided detailed descriptions of the assailants; Pedro identified Vinearta based on his physical features and his familiarity as a regular customer at their store.
- Arlene recognized Vi