GR 171654; (December, 2008) (Digest)
G.R. No. 171654 December 17, 2008
THE PEOPLE OF THE PHILIPPINES, appellee, vs. EDWIN GAYETA y ROBLO alias “FREDDIE”, appellant.
FACTS
On July 24, 1995, at around 8:00 p.m., two armed men, later identified as Arnaldo Reano and appellant Edwin Gayeta, barged into the house of spouses Benjamin and Conchita Nicer, announced a hold-up, ordered them to lie down, and through violence and intimidation, took P2,500.00 from Conchita. The same two men then proceeded to the house of spouses AAA and BBB, ordered them to lie down, and demanded money. Appellant accompanied AAA to their store to get P5,000.00. While at the store, appellant forcibly had sexual intercourse with AAA. Upon returning to the house, appellant also took jewelry from AAA. The duo fled but returned shortly, leading to a struggle during which BBB was shot in the shoulder. The police, investigating the first robbery, responded but the suspects initially escaped. Appellant and Reano were arrested in their respective houses the following morning. AAA was medically examined, and findings included an old healed complete laceration of the hymen. Appellant defended himself with an alibi, claiming he was on community patrol in Muntinlupa City at the time. The Regional Trial Court found appellant guilty of robbery with rape in Criminal Case No. P-5420 and robbery in Criminal Case No. P-5422, sentencing him to death for robbery with rape. The Court of Appeals affirmed the conviction with modifications to the penalties and damages.
ISSUE
The main issue is whether the appellant is guilty beyond reasonable doubt of the crimes of robbery with rape and robbery.
RULING
The Supreme Court affirmed the decision of the Court of Appeals with modifications. The Court found the appellant guilty beyond reasonable doubt of the special complex crime of robbery with rape under Article 294(2) of the Revised Penal Code, as amended by R.A. No. 7659 . The positive identification by the victims, coupled with the medical findings and the recovery of evidence (scabbard and bonnet), prevailed over the appellant’s alibi defense, which was not physically impossible. The Court imposed the penalty of reclusion perpetua, without eligibility for parole, in lieu of the death penalty pursuant to R.A. No. 9346 . The appellant was also found guilty of simple robbery. The Court awarded civil indemnity, moral damages, and exemplary damages to the victim AAA, and ordered restitution for the stolen properties.