People Of The Philippines v. Repaso

DEL CASTILLO, J.:

In this case, appellant Joseph Amper y Repaso not only robbed his victim of her material possessions; he also robbed her of her virginity. On appeal is the Decision1 dated August 18, 2005 of the Court of Appeals (CA), in CA-G.R. CR-H.C. No. 00716, which affirmed with modification the Decision2 dated January 30, 2003 of the Regional Trial Court (RTC) of Gumaca, Quezon, Branch 61, in Criminal Case No. 5195-G, convicting appellant of the crime of robbery with rape. Also assailed is the Resolution3 dated December 5, 2005 denying the motion for reconsideration.

Version of the Prosecution On August 17, 1995, at approximately 7:30 in the evening, "AAA"4 was walking along Mateo Manila Street near Leon Guinto Memorial College located at Brgy. Zone II, Poblacion, Atimonan, Quezon to buy peanuts for her father.5 While approaching the place of a certain Noni Magisa, appellant suddenly put his hand on "AAA's" shoulder, poked a pointed instrument at the left side of her body and ordered her not to make any move.6 The appellant then directed her to walk casually towards the direction of the church.

7 When they reached the back of the church, appellant ordered "AAA" to sit on the cemented floor and to remove all the pieces of jewelry she was wearing, particularly her wrist watch, bracelet and pair of earrings.81avvphi1 After ordering "AAA" to lie down on the floor,9 appellant removed "AAA's"

shorts and underwear10 then also lowered his own pants and briefs11 and forcibly inserted his penis into her vagina and made push and pull movements.12 All this time, appellant poked a weapon at the left side of "AAA's" neck which prevented her from shouting for help.13 After satisfying his lust, appellant told "AAA" not to leave until he was gone.14 After about two minutes, "AAA"

put on her garments and hurried home where she narrated the incident to her father.15 Both proceeded to the place where the incident happened16 but appellant could no longer be found.17 "AAA" and her father proceeded to the police station and reported the matter.18 Thereafter, Dr. Lourdes Taguinod (Dr. Taguinod) of Doña Martha Hospital examined her.19 On August 22, 1995, appellant was arrested for robbery and attempted rape committed against another individual.20 On the following day,21 "AAA" went to the police station and identified appellant as the person who robbed and raped her.22 Subsequently, an Information was filed against appellant charging him with the crime of robbery with rape,23 viz: That on or about the 17th day of August 1995, at Barangay Zone II, Municipality of Atimonan, Province of Quezon, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, armed with a pointed instrument, with intent to gain and to rob, and by means of force, violence against and intimidation of person, taking advantage of nighttime and his superior strength to better facilitate his purpose, did then and there willfully, unlawfully and feloniously take from AAA the following: One (1) ring .

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. . ₱ 400.00 Bracelet .

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. . 314.00 Wrist Watch .

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. . 300.00 Pair of Earring .

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. . 220.00 Total