7. PEOPLE v FERNANDO SULTAN G.R. No. 132470 | April 7,2000 caught up and apprehended Accused.

nd apprehended Accused. Juditha identified Accused as the robber

and rapist.
Belosillo, J
Physical examination found no external signs of violence although there was a
Facts: deep fresh laceration at 5 oclock position in Juditha's hymen.
2 June 1997 at 9pm: Sultan accosted Juditha Bautista when she passed a dark
alley at her cousins compound in Novaliches ; pointed a sharp instrument at her A special complex crime of robbery with rape was filed. Accused claimed it was
neck and announced a "hold-up." He grabbed her and brought her to a house consensual.
along the alley which turned out to be his.
RTC found Accused guilty; sentence: RP.
Once inside, Sultan made her sit down and offered her a drink which she
refused. He then took her belongings and 130 pesos in cash. WON crime committed was robbery with rape?
Held: Yes
After taking her valuables, he started kissing her on the lips and cheeks;she told When Sultan divested complaining witness of her personal belongings, he
him that she was married with 2 children but Sultan didn't stop. committed the crime of robbery. All of the elements are present:
Personal property belonging to another
While pointing an ice pick at her he ordered her to undress which she did in fear Unlawful taking
for her life. Accused then made her lie down and began to kiss and rape her for Intent to gain
10-15 minutes.
Violence or intimidation
Failure of Juditha to recover the belongings after threats ceased does not dispute
After the sex , he ordered her to put on her bra and panty, tied her hands and
the commission of the charge.
went out of the room to smoke. After 10-15 minutes, he came back, untied her,
and once again with threat and intimidation sexually abused her.
Rape was also proven since even though appellant might not have employed
force in committing the rape, he definitely used intimidation sufficient to make
Thereafter, he tied her hands to a protruding piece of wood in the room and
complainant submit herself to him against her will for fear of life and personal
held her in his arms. She cried. He told her that he loved her and that he
safety.
would answer for what he had done to her.
His act of dragging her to his house, arming himself with an icepick and
threatening to kill her shows clear intimidation and thus may be viewed in the
They talked until noon the following day without sleeping.
light of the victims perception. Understandable that no resistance was made on
her part since she was afraid. Such failure to resist should not be taken to mean
Witness "agreed" to elope with him to try and get away; he was convinced and
consent so as to make
allowed her to go home.
her a willing participant in the sexual confrontation.
Juditha narrated the experience to her sister who then called their brother SPO1
Fernando M. Bautista; He instructed the Witness to return to the house of the
WON additional rapes committed on the same occasion of robbery would
accused so the arrest could be made.
increase the penalty
Held: NO
Juditha then went met with Accused and boarded the bus, where the SPO1s
Complaining witness Juditha Bautista was raped twice on the occasion of
robbery. The Court had declared in some cases that the additional rapes
committed on the same occasion of robbery would not increase the penalty.
There is no law providing for the additional rape/s or homicide/s for the
matter to be considered as aggravating circumstance.
Consequently, unless and until a law is passed providing that additional
rape/s may be considered aggravating, the Court must construe the
penal law in favor of the offender as no person may be brought within
its terms if he is not clearly made so by the statute.
There are neither mitigating nor aggravating circumstance. So the lower
penalty should be applied. In robbery with rape, the penalty is reclusion
perpetua to death.

DECISION: RTC decision affirmed: GUILTY of the special complex crime of

robbery with rape and sentencing him to reclusion perpetua; with
MODIFICATION that the amount of 50K be added as civil indemnity.