PEOPLE VS.

CABURAL
G.R. No. L-34105, February 4, 1983
PONENTE: Aquino, J.:

FACTS

At about 2am, 3 masked men entered the building of Kim San Milling in Palao,
Illigan thru an opening of the roof above the kitchen that was being repaired and forced
themselves inside a room where Pua, Sy and Siao were sleeping. The masked men
hogtied the three and began to ransack the place. One of the men also asked Sy to open
the safe and threaten to kill them if he did not. In the next room, the maids Restituta,
Pena, Catalina, and Agripina Maglangit were awakened by 2 masked men (one holding a
knife, the other a gun). The 4 maids were also hogtied. Later, Agripina was able to free
her hands but was discovered by one masked man. The latter raped Agripina in anger. All
the masked men left around 4 am. Agripina identified her rapist to be Cabural.
Furthermore, upon investigation of the Constabulary, 2 guns were found in Benjamin
Lasponia's house. The latter admitted to committing the crime and pointed to his
companions. All the accused robbed several items (rings, pieces of jewelry, watches, etc)
with a total value of P9,435.50. They were all charged with the crime of Robbery in Band
with Rape. The lower court convicted all Timoteo Cabural, Benjamin Lasponia, Leonide
Cabual, and Ciriaco Yangyang.

ISSUE
Whether or not all the accused are guilty of Robbery with Rape

RULING

No. Cabural alone was responsible for the rape on Agripina. There is no evidence
that his co-appellant Yangyang and the other malefactors made advances on her. Cabural
was charged to suffer the penalty under Art. 294 (2) of the Revised Penal Code.
(reclusión temporal in its medium period to reclusión perpetua) when the robbery shall
have been accompanied by rape. Presidential Decree No. 767 which imposes the penalty
of reclusion perpetua to death "when the robbery accompanied with rape is committed
with the use of a deadly weapon or by two or more persons cannot be applied since only
Cabural consummated the crime of robbery with rape.

DOCTRINE

Nullum crimen, nulla poena sine lege (There is no crime when there is no law
punishing it). The other 3 accused couldn't be charged with robbery with rape by just
participating with the robbery while their mastermind committed rape. They can only be
penalized for the crime against property and not a crime against chastity