People Of The Philippines v. Almenario

GANCAYCO, J.:

Robbery in band with rape is a heinous crime more so when in the course of the robbery, as in this case, four men took turns in raping a married woman in the presence of her husband. They certainly deserve the four death penalties imposed on them by the Regional Trial Court of Palo, Leyte, with the corresponding instruction that they indemnify the spouses Candido Caindoy and Marciana Cabos Caindoy in the amount of P3,088.00 actual damages and to Marciana P5,000.00 moral damages without subsidiary imprisonment and the costs. However, none of said death penalties can be imposed under the Constitution.1 At about 2:00 o'clock in the early morning of December 10, 1979, while Marciana Cabos Caindoy, her husband Candido Caindoy and their child Lito were sleeping in their house located in the outskirts of Barangay Sto.

Nino Julita, Leyte, the couple were roused from their sleep by the barking of their dogs. Candido peeped through the door and saw several hooded persons in fatigue uniform outside. He became apprehensive, so he closed the door.2The men said that they were members of the Philippine Constabulary and were after Candido's guns.3 Whereupon, the intruders went up the house through the threshing shed which was an extension of the house.

The threshing shed has a modest roof but does not have any walls. It is separated from the house with a sack as the divider. The Caindoy couple recognized the men as Gerardo Almenario, Reynaldo Cayobit Hilario Meat and Pempin Bahia.4 Once inside, Gerardo Almenario pushed Candido towards the floor face downward, poked a gun at him and rode on his back.

For his part, Reynaldo Cayobit grabbed Marciana with his left hand while his other hand pointed a bolo towards Marciana's abdomen. Reynaldo then brought her to the threshing area which was about four meters form where her husband was lying face down.5 He kicked Marciana on her right leg which made her fall on the threshing floor face up. Both Hilario Maat and Pempin Bahia pinned the arms of Marciana to the floor.

Reynaldo took off Marciana's panties, opened his trousers, put out his sexual organ, forced open the thighs of Marciana, mounted her and inserted his penis inside Marciana's vagina against her will. Although Marciana put up a struggle in order to prevent the rape, Reynaldo was able to have carnal knowledge of Marciana by threatening her with his bolo. Reynaldo commenced the push and pull movements until he ejaculated.

He then stood up and called Gerardo Almenario to tell him that it was his turn to rape Marciana. Reynaldo went to Candido and sat on the latter's back relieving Gerardo. So, while Reynaldo kept close watch over Candido Gerardo approached Marciana who was still supine on the threshing floor.ℒαwρhi৷ Gerardo pointed his gun at Marciana who was already scared and crying.

Then, Gerardo took off his pants brought out his male organ, pried open Marciana's thighs and succeeded in inserting his penis inside Marciana's despite the latter's struggle. While Gerardo was raping Marciana, Hilario Maat was holding her right hand and Pempin Bahia, her left hand.6After Gerardo was through raping Marciana he stood up and told Hilario that it was now his turn to rape the victim. Gerardo took over from Hilario in holding the right hand of Marciana.

Hilario succeeded in raping Marciana despite the latter's moving her body in an effort to make it difficult for Hilario to consummate the act. After raping Marciana, Hilario told Pempin Bahia to take over. Hilario stood up and relieved Pempin in pinning Marciana's hand.

In similar fashion, Pempin succeeded in having carnal knowledge of Marciana, after which he stood up and closed his pants.

Gerardo thus held Marciana's hand and made her sit near her husband who was still lying face downward. Gerardo asked Marciana where they kept their money. Out of fear, Marciana told him that their money was in the threshed palay.

Whereupon, Gerardo got the money consisting of ten (10) P100.00 pesos bills and ten (10) P50.00 bills in the total amount of Pl,500.00 and placed it inside a sack. He also got some of the couple's personal belongings which were never recovered by them. The articles stolen were the following:7 1.

Cash P1,500.00 2. 8 pairs of pants 480.00 3. Radio (Rems) 150.00 4.

5 lady's wear at P20 each 100.00 5. 2 sacks of palay at P40 each 80.00 6. 1 mosquito net 45.00 7.

1 bolo 30.00 8. 1 can (Petroleum) of rice 36.00 9. 1 kettle 30.00 10.

1 frying pan 20.00 11. 1 pregnant pig 500.00 12. 10 hens 150.00 13.

fish 3.00