People vs. Belmonte, et, al (2017)

PEOPLE OF THE PHILIPPINES vs. MARLON BELMONTE, ET.AL

G.R. No. 220889, July 5, 2017 

TIJAM, J.: 

Facts: Appellant and his co-accused, Marvin Belmonte, Enrile Gabay, and Noel Baac were charged with Robbery with Rape in an Information which alleges that the above accused, armed with a gun, conspiring with one Noel Baac and all of them mutually helping one another, with intent to gain and by means of force, violence and intimidation, feloniously take, steal, and divest from complainants some valuable items and on the occasion thereof said Noel Baac, by means of force, threats and intimidation and with the use of a gun, willfully, have carnal knowledge with AAA, against her will and consent, which is aggravated by the circumstances of nighttime and dwelling, to the damage and prejudice of the said victim.

Accused-appellant and Marvin, on the other hand, proffered alibi and claimed that they were sleeping in their house when the alleged crime was committed.

Issue: Whether or not accused-appellant's guilt was proven beyond reasonable doubt.

Ruling: Yes. Robbery with Rape is a special complex crime under Article 294 of the RPC. It contemplates a situation where the original intent of the accused was to take, with intent to gain, personal property belonging to another and rape is committed on the occasion thereof or as an accompanying crime.

Here, the prosecution witnesses' positive identification of the accused-appellant as one of the malefactors in the robbery defeats accused-appellant's lone defense of alibi. Absent any showing of ill motive on the part of the witnesses, a categorical, consistent, and positive identification of the accused-appellant shall prevail over the latter's alibi and denial. Unless substantiated by clear and convincing proof, alibi and denial are negative, self-serving and undeserving of any weight in law.

The trial court correctly convicted accused-appellant Marlon Belmonte of the special complex crime of robbery with rape even if he did not rape AAA, as accused-appellant Marlon Belmonte had the opportunity but did not endeavor to stop accused Noel Baac from raping AAA.

Ratio Decidendi: Whenever a rape is committed as a consequence, or on the occasion of a robbery, all those who took part therein are liable as principals of the crime of robbery with rape, although not all of them took part in the rape.

Gist: Accused-appellant Marlon Belmonte assails the Decision of the, affirming his conviction for Robbery with Rape.