People Of The Philippines v. Aleman

ABAD SANTOS, J.:

In the late afternoon of August 31, 1972, the house of the spouses Mariano Cagas and Emeteria Tan Cagas in Tinacla-an, Clarin, Misamis Occidental, was robbed by three armed men. Two of the culprits took fancy of the 18-year old niece of Mrs. Cagas Julieta Tan, and forced their lust on her. One after another, the two raped Julieta in a room adjoining another where the spouses were held at bay by the third man.

After about one and a half hours, the three men left, carrying with them money and personal items worth P1,698.00. They explicitly warned the Cagas spouses to be silent, or they would return to kill them. On November 29, 1972, Benjamin Aleman, Aquilino Viña Rodrigo Espinas and Antero Fernandez were charged with robbery with rape in the Municipal Court of Clarin, in connection with the incident.

After preliminary investigation, Aleman, Viña and Espinas were absolved but the case with respect to Antero Fernandez was elevated to the Court of First Instance of Misamis Occidental. Thereafter at the request of the PC Provincial Commander and the private prosecutor, a reinvestigation was conducted which resulted in the filing of an information dated May 3, 1973, which was later amended on August 30, 1973. The amended information reads: The undersigned 2nd Assistant Provincial Fiscal accuses Benjamin Aleman, Aquilino Villa, Rodenio Espinas and Antero Fernandez of the crime of Robbery with Double Rape.

committed as follows: That on or about the 31st day of August, 1972, at about 6:30 in the evening, in barrio Tinacla-an municipality of Clarin, province of Misamis Occidental, Republic of the Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, conspiring, confederating and mutually helping one another and with common intent of gain, did then and there willfully, unlawfully and feloniously enter the house of Mariano Cagas and once inside, they intimidated the spouses Mariano Cagas and Emeteria Tan de Cagas and then hogtied them, demanded money from them and right then and there took, stole and carried away the following personal properties, to wit: One (1) Transistor radio valued at........... P 200.00 One (1) Seiko ladies watch valued at.......... 300.00 One (1) Physician's flashlight valued at ....

150.00 Jewelries valued at........................................ 600.00 One (1) jacket................................................... 28.00 Class ring........................................................

150.00 Cash money.................................................... 270.00