8. People v Rodolfo Suyu, et al.

GR 170191 August 16, 2006 her hands, and Rodolfo Suyu removed her pants and undergarments;
even if she bit down on his tongue, he inserted two fingers into her, and
Callejo, Sr., J. then his penis
Cainglet went next, and was able to insert half an inch of his penis into
FACTS her vagina
At around 7:15PM on January 13, 1996, Clarissa Angeles was with her boyfriend
William Ferrer eating snacks inside a pick-up truck parked in a vacant lot near She pled for mercy and was allowed by the culprits to leave when the vehicles
the COA and DECS offices in Tuguegarao, 15m from the highway arriving were about 10m away from the pick-up truck; she ran into a house,
where the owners summoned the barangay tanod
They noticed shadows near the truck, and when William opened his window to
check, Rommel Macarubbo stood in front of the truck and pointed a gun at She was examined by the nurses at CVRH, checked only her bruises; she said
them, telling them that this was a hold-up and if they tried to start the car, they that there was merely an attempt to rape, cause she was embarrassed to say she
would be shot. had been raped in front of her boyfriend.

Willy Suyu lifted the lock on the side of William, and told the couple to The examining physician noted a complete hymen, no erosions or lacerations
surrender what they had so that they would not be harmed, which included:
A pair of gold earrings valued at- P1,500 Macarubbo was released on recognizance of his minority, and volunteered to
A gold ring valued at- P1,000 testify for her case
Cash money in the amount of- P10
A wallet containing money- P150 RTC: Found all accused guilty of robbery with rape, rejected the denial and alibi,
and found conspiracy, RP
Willy Suyu clubbed William and dragged him out; William was able to escape
and run to the police CA: Affirmed RTC, but modified the penalty as to Macarubbo: ISL of 8Y1D - 15Y

Willy Suyu lifted the lock of Clarissas side and Macarubbo opened the door; the WoN appellants are guilty of robbery with rape.
two men and Cainglet dragged her to a hilly place, where she was held by her
arms and a fan knife was pointed at her; she was then brought to a house near a
muddy place, out of which Rodolfo Suyu came out, and declared he
would be the first one to rape her; Rodolfo and Cainglet proceeded to rape her in
the ff. manner:
Rodolfo embraced and fondled her breasts, and removed her pants; she
attempted to reach for the knife, and kicked his groin but she failed and
when she ran, she stumbled and was punched in the stomach; Cainglet
tried but when he kissed her she bit down on his tongue
The police started to arrive, so they brought her to the top of the hill
near the Capitol, she attempted to shout but they held a knife to her
She was forced to lie down on her back, and while Cainglet pinned down
Held: YES
Clarissas testimony given credence and conclusive of rape
Clarissas testimony changed because she was embarrassed but was able
to articulate a legitimate reason for wanting to testify to rape (wanted
justice) so the inconsistencies arent material
Trial court found her testimony consistent, believable and credible,
worth of full faith and credit
The delay in alleging rape is only doubtful is unreasonable and
unexplained - it wasnt! Her fear of social humiliation and trauma was
the reason for her keeping it a secret
Appellants guilty proven through a myriad of evidence and testimonies Intent to rob must precede the rape; intention must be to rob
Macarubbos extrajudicial statement wasnt evidence but part of the Rape must be contemporaneous with the commission of the robbery
testimony of SPO4 Cudal In addition to rape, sexual assault because of the finger-insertion
They were not convicted based on the sworn statement but on the
credible testimony of the victim
Although they allege irregular arrest and unlawful detainment, they DECISION: Appeal DENIED, CA is AFFIRMED with MODIFICATION: All appellants
didnt allege it in their complaint are ordered to, jointly and severally, pay Clarissa Angeles:
P50,000 as moral damages and P50,000 as civil indemnity for the rape by
Hymenal laceration is not essential in establishing crime of rape; slight
Rodolfo Suyu;
penetration or entry of penis into lips of vagina is consummated rape
P50,000 as moral damages and P50,000 as civil indemnity for the rape by
already; Dr. Pintucans findings bolster her account that she was
Francis Cainglet; and
dragged, forced to lie down, and raped
P30,000 as moral damages and P30,000 as civil indemnity for the sexual assault
Defense of alibi cannot prevail over clear and convincing narration; its a by Rodolfo Suyu
weak defense when unsubstantiated and inadequate to prove that it was
physically impossible for him to be at the situs to commit the crime

Appellants guilty of robbery with rape

Conspiracy correctly applied because they acted in concert to fulfill common
design to rob the victim although only two of them raped Clarissa
Once conspiracy is established, they would all be equally culpable of the rape
during the robbery, unless any of them can prove that he endeavored to prevent
it

Article 294. Robbery with violence against or intimidation of persons. -

Penalties. Any person
guilty of robbery with the use of violence against or intimidation of any person
shall suffer:
1. The penalty of reclusion perpetua to death, when by reason or on occasion of
robbery, the crime of homicide shall have been committed, or when the robbery
shall have been accompanied by rape or intentional mutilation or arson.

The following elements must concur in robbery with rape:

1. The taking of personal property is committed with violence or intimidation
against persons;
2. The property taken belongs to another;
3. The taking is characterized by intent to gain or animus lucrandi;
4. The robbery is accompanied by rape.