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People v Armando Regala (2000), Gonzaga-Reyes, J. 1. YES.

There was sufficient evidence to establish the


identity of accused-Regala as the perpetrator of the crime.
FACTS:
Nerissa positively recounted the incident on the witness stand.
On September 11, 1995, at about 9:00 oclock in the evening at Nerissa Tagala positively identified Armando Regala because at the
Barangay Bangon, Aroroy, Masbate, then 16-year old victim Nerissa time he was counting the money on her bed, the other companion
Tagala and her grandmother were sleeping, when Armando Regala of the accused beamed the flashlight towards the money and there
and his two other companions entered Tagala’s house. was a reflection on the face of Regala. Although the three intruders
were wearing masks when they entered the house, they removed
their masks later.
Regala and his companions entered the house through the kitchen
by removing the pieces of wood under the stove. Regala went to the
room of Nerissa and her grandmother and poked an 8-inch gun on 2. NO. Because the crime committed was robbery with rape
them, one after the other. and the second rape is

Nerissa and her grandmother were hogtied by Regala and his The crime of robbery with rape was committed in 1995 when RA
companions. Thereafter, Nerissa was raped twice by Regala 7659 was already in force. Article 294 of the Revised Penal Code as
Armando Regala in bed while her grandmother was on the floor. amended now provides that the penalty of reclusion perpetua to
After the rape, Regala and his two companions counted the money death shall be imposed when for any reason of or occasion of the
which they took from the "aparador." robbery, the crime of homicide shall have been committed, or when
the robbery shall have been accompanied by rape or intentional
mutilation or arson.
Regala and his companions then ran away with P3,000 in cash, 2
rings valued at P6,000 and two wrist watches worth P5,000.
The victim in the case at bar was raped twice on the occasion of the
robbery. There are cases holding that the additional rapes
The following day, September 12, 1995, Nerissa went to the Rural
committed on the same occasion of robbery will not increase the
Health Clinic of Aroroy, Masbate for medical examination. In the
penalty.
Medical Report presented by Municipal Health Officer Dr. Conchita
S. Ulanday, it was shown that Nerissa sustained laceration of the
hymen at 4:00 oclock and 7:00 oclock positions (fresh wounds), The Court imposed the penalty of death after considering two (2)
indicating a possible sexual assault upon the victim. aggravating circumstances, namely, nocturnidad and use of a deadly
weapon. However, the Court did not consider the two (2) other
rapes as aggravating holding that "The special complex crime of
Regala says that was staying in the house of Antonio Ramilo at
robbery with rape has, therefore, been committed by the
barangay Syndicate, Aroroy, Masbate. Ramilo was the manager in
felonious acts of Regala and his cohorts, with all acts or rape on
the gold panning business where accused-Regala was employed.
that occasion being integrated in one composite crime."
Antonio Ramilo testified and corroborated his defense and stated
that accused-Regala was in his house, which is about 5 kilometers
away from Barangay Bangon. It should be noted that there is no law providing that the additional
rape/s or homicide/s should be considered as aggravating
circumstance. The enumeration of aggravating circumstances under
TC- Guilty of robbery with rape.
Article 14 of the Revised Penal Code is exclusive as opposed to the
enumeration in Article 13 of the same code regarding mitigating
In his appeal, Regala says that the the prosecution has failed to circumstances where there is a specific paragraph (paragraph 10)
sufficiently identify him as one of the perpetrators because he could providing for analogous circumstances.
not have been positively identified because there was no electricity
nor any light in the place of the incident. He also said that Consuelo
It is true that the additional rapes (or killings in the case of multiple
Arevalo was able to identify accused-Regala only after he was
homicide on the occasion of the robbery) would result in an
pinpointed by Nerissa, and made contradictory statements in court
"anomalous situation" where from the standpoint of the gravity of
when she stated that accused-Regala removed his mask after she
the offense, robbery with one rape would be on the same level as
was hogtied, and later stated that accused-Regala removed his
robbery with multiple rapes. However, the remedy lies with the
mask before she was hogtied. The medico-legal officer, Dr.
legislature. A penal law is liberally construed in favor of the offender
Ulanday, herself testified that the complaining witness either
and no person should be brought within its terms if he is not clearly
voluntarily submitted to a sexual act or was forced into one.
made so by the statute.

ISSUE
In view of the foregoing, the additional rape committed by herein
accused-Regala should not be considered as aggravating. The
1. WON there was sufficient evidence that tied Regala with penalty of reclusion perpetua imposed by the trial court is
the crime? YES proper. Supreme
2. (On topic) WON the second rape should be considered as
an aggravating circumstance? NO
DISPOSITIVE

RATIO
WHEREFORE, the judgment convicting Armando Regala y Abriol
guilty beyond reasonable doubt of the crime of Robbery with Rape,
is hereby AFFIRMED with the MODIFICATION that Nerissa Tagala is
entitled to an additional award of P50,000.00 as civil
indemnity. Court

SO ORDERED.