Criminal Case No. 2001-816 (For: Robbery)
The undersigned Assistant City Prosecutor accuses JUANITO CABIGQUEZ y ALASTRA, alias "DODOY", and ROMULO GRONDIANO y SOCO, alias "Molok", of the crime they committed, as follows:That on March 27, 2001, at more or less 3:30 o'clock in the early morning in a store located at Purok 1-A, Barangay Tablon, Cagayan de Oro City, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, conspiring, confederating and helping with one another, with intent to gain and violence or intimidation of persons, did then and there wil[l]fully, unlawfully and feloniously take, rob and carry away cash - Php3,000.00 and assorted [grocery] stocks valued Php7,000.00 all in all amounting to Php10,000.00, owned by and belonging to one [AAA], in the following manner: that accused Romulo Grondiano intimidated the offended party with a gun pointed to her and her three children and ordered them to lay on the floor with face down and then took, robbed and carried away the aforementioned valuable personal things while Juanito Cabigquez y Alastra acting/serving as lookout at the door of the store, to the damage and prejudice of the offended party, in the total sum of Php10,000.00, Philippine Currency.
Contrary to and in violation to Article 294, par. 5, of the Revised Penal Code, as amended.21
Criminal Case No. 2001-815 (For: Rape)
The undersigned Assistant City Prosecutor accuses, JUANITO CABIGQUEZ Y ALASTRA ALIAS "DODOY", of the crime of RAPE that he committed as follows:That on March 27, 2001, at more or less 3:30 o'clock or thereabout, in the early morning, at Purok 1A, Tablon, Cagayan de Oro City, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, armed with a gun, and with the use thereof, by means of force, and intimidation, did then and there willfully, unlawfully and feloniously have carnal knowledged (sic) of the offended party [AAA], against her will [and] in the presence and full view of her children.
Contrary to and in violation to (sic) Article 266-A (Formerly under Art. 335) of the Revised Penal Code, as amended by R.A. 8353.22
IN THE LIGHT OF ALL THE FOREGOING, the Court finds accused JUANITO CABIGQUEZ GUILTY beyond reasonable doubt of the crime of Rape under Article 266-A of the Revised Penal Code, punishable under Article 266-B of the same Code, and there being one aggravating circumstance [the used (sic) of a deadly weapon (firearm)] without a[ny] mitigating circumstance, accused JUANITO CABIGQUEZ is hereby sentenced and is SO ORDERED to suffer the supreme penalty of Death by lethal injection, including its accessory penalties. He is further directed and is SO ORDERED to pay the victim the sum of FIFTY THOUSAND PESOS (P50,000.00) as indemnity, plus another TWENTY FIVE THOUSAND PESOS (P25,000.00), as moral damages. Pursuant to Section 22 of R.A. 7659 and Section 10 of Rule 122 of the Rules of Court, let the entire record of this case be forwarded to the Supreme Court for automatic review.
FURTHERMORE, the Court likewise finds accused JUANITO CABIGQUEZ and ROMULO GRONDIANO GUILTY beyond reasonable doubt of the Crime of Robbery punishable under paragraph 5 of Article 294 of the Revised Penal Code, and [there] being no aggravating nor mitigating circumstance, and after applying the Indeterminate Sentence Law, accused JUANITO CABIGQUEZ and ROMULO GRONDIANO are hereby sentenced and are SO ORDERED to serve the [penalty of] imprisonment of TWO (2) YEARS, TEN (10) MONTHS AND TWENTY (20) DAYS OF PRISION CORRECCIONAL, as the MINIMUM, to SIX (6) YEARS, ONE (1) MONTH AND ELEVEN (11) DAYS OF PRISION MAYOR, as the MAXIMUM, including its accessory penalties, plus further SO ORDERED to pay the stolen items and cash in the sum of TEN THOUSAND PESOS (P10,000.00).
SO ORDERED. Cagayan de Oro City, October 29, 2003.28
WHEREFORE, premises considered, the appealed October 29, 2003 Decision of the Regional Trial Court (RTC) of Misamis Oriental, 10th Judicial Region, Branch 18, Cagayan de Oro City, convicting Juanito A. Cabigquez, the lone appellant before Us, for the crimes of Robbery and Rape, is hereby AFFIRMED with MODIFICATION in that Juanito A. Cabigquez is hereby sentenced to suffer the penalty of reclusion perpetua for the crime of Rape.
SO ORDERED.33
I.
THE COURT A QUO GRAVELY ERRED IN CONVICTING THE ACCUSED-APPELLANT OF THE CRIME CHARGED DESPITE THE FAILURE OF THE PROSECUTION TO PROVE THEIR GUILT BEYOND REASONABLE DOUBT.II.
THE COURT A QUO GRAVELY ERRED IN GIVING WEIGHT AND CREDENCE TO THE INCREDIBLE AND INCONSISTENT TESTIMONY OF THE PROSECUTION WITNESSES.III.
ASSUMING ARGUENDO THAT THE ACCUSED-APPELLANTS COMMITTED ROBBERY, THE COURT A QUO GRAVELY ERRED IN ORDERING THEM TO PAY THE COMPLAINANT P10,000.00 AS ACTUAL DAMAGES.IV.
THE COURT A QUO GRAVELY ERRED IN FINDING THAT THERE WAS CONSPIRACY IN THE CASE AT BAR.34
Appellant asserts that it is significant that AAA herself did not recognize him and his co-accused despite her familiarity with them as they were her customers in her store. It was pointed out that the identification of the perpetrators was supplied solely by her daughter BBB, who should not have been given any credence in view of her inconsistent declarations such as when she testified that when she woke up, her mother was kneeling contrary to the latter's testimony that when clothes fell on her face, she was awakened and that her mother shouted but a gun was pointed to her. Moreover, BBB saw the accused several times after the alleged crimes transpired and yet she did not manifest any alarm even when they reported the matter to the police; it was only after the accused were detained that their identities were revealed. In the light of serious discrepancies in the testimonies of prosecution witnesses, appellant maintains that BBB's identification of the perpetrators of robbery and rape was unreliable and doubtful.38
Q Now, [BBB], you said that you are 13 years old and you said a while ago you sworn that you will tell the truth, can you remember that? A Yes, sir. Q Okay now, are you going to tell the truth and nothing but the truth before this Honorable Court? A Yes, sir I will tell the truth. Q Do you know what will happen to you if you tell a lie in court? A Yes, sir I will be imprisoned. Q Do you want to be imprisoned? A No, sir. Q So, you will tell the truth nothing but the truth? A Yes, sir. Q Do you know accused Romulo Grondiano? A Yes, sir because he is our neighbor. x x x x Q Do you also know accused Juanito Cabigquez who is accused for rape and co-accused in robbery? A Yes, sir he is also our neighbor. Q For how long have you known Juanito Cabigquez before March 27, 2001? A Since I came that age of reason I already knew Juanito Cabigquez. Q Is Juanito Cabigquez also a resident of Purok 1-A at Tablon? A Yes, sir. Q Do you also know the nickname of Juanito Cabigquez? A Its Dodoy. Q If Juanito Cabigquez is inside this courtroom, can you point to him? A Note: Witness pointed to a person who when asked of his name identified himself as Juanito Cabigquez. Q Okay, on March 27, 2001 at about 3:30 early in the morning, do you remember where were you? A I was inside our store sleeping together with our mother. Q Aside from you and your mother, who were other persons who were with you? A Together with my two (2) siblings. x x x x Q Now, while you were sleeping together with your mother and your two (2) younger siblings at that time, what happened? x x x x A The three (3) of us were awakened because of the shout of our mother. Q Who is that us? A I together with my two (2) siblings. Q Your mother also woke up? A Yes, sir. Q Now, after you were awakened by the shout of your mother, what did you observe, if there was any? A I saw my mother knelt down and I came nearer and then I embraced her because I thought she was dreaming but I saw Romulo Grondiano with a gun. x x x x Q Alright, what happened while you saw accused Romulo Grondiano already at the door of your store of your mother holding a gun and your mother was kneeling? A He ordered us to lay face down. Q After Romulo Grondiano ordered you to lay face down, what did you, your mother and your two (2) siblings do? A I let my mother lay face down. Q How about you? A I also lay face down. Q How about your two (2) younger siblings? A They also lay face down. Q Alright, while the four (4) of you were lying face down, what did you observe? A I noticed that he had a companion who is at our balcony. Q How were you able to notice that he has a companion? A Because we had a chair made of bamboo and then if somebody or a person hit it, it will sound. x x x x Q Now, after Romulo Grondiano took all those things that you have enumerated a while ago, where did Romulo Grondiano go? A He pointed a gun at my mother's back and then ordered us not to move. x x x x Q Alright, after Romulo Grondiano told you, your mother and your two (2) younger siblings not to move, where did Romulo Grondiano go? A He went to the balcony and then Juanito Cabigquez replaced him (Romulo) in going up, he (Juanito) went inside our store. x x x x Q Alright, you testified a while ago that after Romulo Grondiano went inside your store he passed by the balcony of your house, then co-accused Juanito Cabigquez came in, where did Juanito Cabigquez come in? A He entered in our store. Q The same store where you, your mother and two (2) younger siblings were staying at that time? A Yes, sir. Q How were you able to recognize that it was Juanito Cabigquez who came in? A Because I saw him. Q When you saw Juanito Cabigquez, were you still lying face down or were you already sitting? A I was already lying face down. Q How were you able to see him? A Because I looked back at the door because I thought that Romulo Grondiano already left but then I saw Juanito Cabigquez came in and replaced Romulo Grondiano. Q This Juanito Cabigquez who came in after Romulo Grondiano went out, is he the same Juanito Cabigquez the co-accused for robbery and accused in rape case? A Yes, sir. Q If he is inside this courtroom, can you point him again? A Note: Witness pointed again to a person who when asked of his name identified himself as Juanito Cabigquez. Q After Juanito Cabigquez came in inside the store, what did you observe? A He removed the shortpants of my mother and then he got the pillow of my mother and placed it under her abdomen. x x x x Q Now, what was the position of your mother when Juanito Cabigquez took off the shortpants of your mother? A She was still lying face down. Q What was the position of your mother when Juanito Cabigquez put the pillow under her abdomen? A She was still lying face down. Q By the way, when Juanito Cabigquez entered the store, was the light still on? A Yes, sir. Q Now, you said that your mother shouted when Juanito Cabigquez came in. My question is, when did your mother actually shout? A When Juanito Cabigquez was removing the shortpants of my mother. COURT: (to the witness) Q Can you tell the Court what kind of shout your mother did? A My mother shouted "ay!" PROS. M. NOLASCO: (cont'g.) Q Now, was Juanito able to take off the shortpants of your mother? A Yes, sir because it was a gartered shortpants. Q Now, how about the panty of your mother? A It was removed together with the shortpants. Q Now, after the shortpants and panty of your mother were taken off and the pillow was placed under her abdomen, what next did you observe? A Juanito Cabigquez mounted on my mother. Q And then, what did Juanito do when he mounted to your mother? A He did a push and pull motion. Q How about your two (2) younger siblings, were they still awake at that time? A Yes, sir, they were crying. Q How about you? A I also cried. Q When you noticed that he (Juanito Cabigquez) entered your store, was he carrying a gun? x x x x A He was bringing a gun. x x x x Q Can you demonstrate the length of the gun that you saw? A The gun which Juanito Cabigquez was bringing was the same gun Romulo brought. Q How about your mother while Juanito Cabigquez was already mounted on her and make a push and pull motion, what did your mother do? A My mother was crying. x x x x Q You said that you, your mother and your two (2) younger siblings were crying while Juanito Cabigquez mounted on your mother and made a push and pull motion, what happened after that? A He pointed his gun at the back of my mother and then told us not to tell to anybody because they will return and kill us. Q Now, after Juanito Cabigquez warned you not to tell anybody otherwise they will return and kill you, what did Juanito Cabigquez do? A He went up to the balcony. x x x x Q How about Juanito Cabigquez, when he entered your store of your mother and raped your mother, what was he wearing? A He was wearing a white t-shirt and maong pants. COURT: (to the witness) Q Was it long or short? A Long pants. x x x x 37 (Emphasis supplied.)
We also find that the trial court correctly appreciated conspiracy against Cabigquez with respect [to] the crime of robbery. There is conspiracy when two or more persons come to an agreement concerning the commission of a felony and decide to commit it. Direct proof of previous agreement to commit a crime is not necessary. Conspiracy may be shown through circumstantial evidence, deduced from the mode and manner in which the offense was perpetrated, or inferred upon the acts of the accused themselves when such lead to a joint purpose and design, concerted action, and community of interest.
Neither [AAA] nor [BBB] saw Cabigquez acting as a lookout outside the store. However, the creaking sound coming from the balcony and the fact that [BBB] saw Cabigquez go inside the store, as soon as Grondiano left, reasonably verify a discernment that someone stood by outside and close to the store's entrance during the looting, and that such person was Cabigquez. The fact that only Grondiano concealed his face reasonably indicates a prior agreement between the two (2) malefactors for Cabigquez to act as a lookout in the commission of robbery. After raping [AAA], Cabigquez also warned of killing [AAA and her children] if they told anyone about the incident, which threat contributed to the common sentiment of concealing both crimes of robbery and rape. These circumstances sufficiently establish a joint purpose and design, and a community of interest, between Cabigquez and Grondiano, in committing the crime of robbery.46
SEC. 3. Persons convicted of offenses punished with reclusion perpetua, or whose sentences will be reduced to reclusion perpetua, by reason of this Act, shall not be eligible for parole under Act No. 4103, otherwise known as the Indeterminate Sentence Law, as amended.
Endnotes:
1 Rollo, pp. 5-19. Docketed as CA-G.R. CR-HC No. 00409, penned by Associate Justice Jane Aurora C. Lantion, with Associate Justices Edgardo A. Camello and Michael P. Elbinias concurring.
2 CA rollo, pp. 34-51. Penned by Judge Edgardo T. Lloren.
3 Pursuant to the Court's ruling in People v. Cabalquinto, G.R. No. 167693, September 19, 2006, 502 SCRA 419, and Section 44 of Republic Act No. 9262 otherwise known as the "Anti-Violence Against Women and Their Children Act of 2004" the real names and personal circumstances of the victims as well as any other information tending to establish or compromise their identities or those of their immediate family or household members are withheld. Fictitious initials and appellations are used instead to represent them.
4 CA rollo, pp. 201-204.
5 Supra note 3.
6 TSN, [AAA], January 8, 2002, pp. 6-8; TSN, January 9, 2002, pp. 3-4, 28-29.
7 Id. at 7-8; TSN, October 29, 2001, p. 21.
8 TSN, October 29, 2001, p. 10.
9 Id.; TSN, [AAA], January 8, 2002, p. 8.
10 Id. at 11; id.
11 Id.; id. at 10.
12 Id. at 12-13; id. at 9-11.
13 TSN, [AAA], January 8, 2002, pp. 11-13; TSN, January 9, 2002, pp. 3-4, 20; TSN, October 29, 2001, pp. 15-18.
14 TSN, January 9, 2002, pp. 4-6; TSN, October 29, 2001, p. 20; TSN, November 28, 2001, p. 32.
15 Id. at 7-9; records, Vol. II, p. 12.
16 TSN, November 27, 2001, p. 13; id.
17 Id. at 25-26; id.
18 CA rollo, pp. 102-103; see records, Vol. IV, p. 46.
19 Id. at 103; records, Vol. I, p. 118.
20 TSN, November 28, 2001, p. 32.
21 CA rollo, p. 12.
22 Id. at 13.
23 Id. at 34-35; records, Vol. II, p. 27; records, Vol. I, p. 41.
24 Id. at 44.
25 Id. at 44-45.
26 Id. at 44; TSN, July 8, 2002, p. 35.
27 Rollo, p. 9.
28 CA rollo, pp. 50-51.
29 G.R. Nos. 147678-87, July 7, 2004, 433 SCRA 640. The case modified the pertinent provisions of the Revised Rules on Criminal Procedure, more particularly Section 3 and Section 10 of Rule 122, Section 13 of Rule 124, Section 3 of Rule 125 insofar as they provide for direct appeals from the Regional Trial Courts to the Supreme Court in cases where the penalty imposed is death, reclusion perpetua or life imprisonment and allowed intermediate review by the Court of Appeals before such cases are elevated to the Supreme Court.
30 CA rollo, pp. 90-93.
31 Id. at 95.
32 Rollo, pp. 15-16.
33 Id. at 18.
34 See rollo, pp. 38-39; CA rollo, pp. 82-83.
35 Paragraph 1 of Article 266-A of the Revised Penal Code specifically provides:
ART. 266-A. Rape; When and How Committed. - Rape is committed:
1. By a man who shall have carnal knowledge of a woman under any of the following circumstances:
a) Through force, threat or intimidation;
b) When the offended party is deprived of reason or otherwise unconscious;
c) By means of fraudulent machination or grave abuse of authority; and
d) When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present.
36 People v. Umanito, G.R. No. 172607, October 26, 2007, 537 SCRA 552, 560.
37 TSN, October 29, 2001, pp. 5-21.
38 CA rollo, pp. 90-91.
39 People v. Garcia, G.R. Nos. 133489 & 143970, January 15, 2002, 373 SCRA 134, 151.
40 TSN, [AAA], January 8, 2002, p. 11.
41 People v. Casanghay, G.R. No. 143005, November 14, 2002, 391 SCRA 638, 647.
42 People v. Hipona, G.R. No. 185709, February 18, 2010, p. 7.
43 TSN, [BBB], November 19, 2001, pp. 14-18.
44 The fifth paragraph of Article 266-B of the Revised Penal Code reads:
ART. 266-B. Penalties. - x x x
x x x x
The death penalty shall also be imposed if the crime of rape is committed with any of the following aggravating/qualifying circumstances:
x x x x
(3) When the rape is committed in full view of the spouse, parent, any of the children or other relatives within the third civil degree of consanguinity.
45 CA rollo, p. 95.
46 Id. at 245.
47 G.R. No. 116918, June 19, 1997, 274 SCRA 259.
48 Id. at 273.
49 People v. Abulon, G.R. No. 174473, August 17, 2007, 530 SCRA 675, 705; People v. Bon, G.R. No. 166401, October 30, 2006, 506 SCRA 168, 217, citing People v. Quiachon, G.R. No. 170236, August 31, 2006, 500 SCRA 704, 719.
50 Signed into law on June 24, 2006.