PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. EUSTAQUIO LORENO Y MALAGA AND JIMMY MARANTAL Y LONDETE, ACCUSED-APPELLANTS.

In an information filed before the Court of First Instance of Camarines
Sur, accused Eustaquio Loreno y Malaga and Jimmy Marantal y Londete were
charged with the crime of Robbery with Double Rape, committed as
follows:

“That on or about the 7th of January, 1978, in the Barangay of
Magsaysay, Municipality of Libmanan, Province of Camarines Sur,
Philippines, and within the jurisdiction of this Honorable Court, the
above-named accused, together with John Doe, Jose Doe, Richard Doe,
Peter Doe, Charlie Doe, and Ricky Doe, who are still at large, armed
with firearms, conspiring and con­federating together and mutually
helping one another, with intent to gain and rob, taking advantage of
nighttime to better accomplish their purpose, did then and there
wilfully, unlawfully and feloniously assault, attack and use violence
and intimidation upon the person of Elias Monge by tying his two hands
and the hands of the members of his family and on the occasion hereof,
while they were made lying flat on the floor, the herein accused take,
rob and carry away, without the consent of said Elias Monge, owner
thereof, of the following properties, to wit:

One camera with trademark Olympus worth	P 400.00
Two birthstones rings worth	700.00
One wedding ring with name ‘MONDING	100.00
One pair of earrings heart-shape	100.00
Two pieces of necklace gold worth	400.00
Two pieces of mosquito net	70.00
Three pieces of blankets color orange and spotted	200.00
Three men pants and also one cut of cloth	235.50
One beach towel, with decoration	35.00
One aluminum Reynold kettle	30.00
One caserole	15.00
Two pieces of pillow case	12.00
Two cans of rice	70.00
One flashlight Eveready two batteries	30.00
Two bottles of Johnny Walker Wine	450.00
Two T-shirts one mark Marlboro and plain white	20.00
Five bags of assorted sizes	200.00
One lady wrist watch Bulova	50.00
One men’s wrist watch En clock 17 jewels	150.00
One eagle pin US gold	200.00
One baby wallet containing cash	57.00
Three live chickens	30.00
One waterproof jacket reversible	40.00
Cash money it assorted denominations all paper bills	7,000.00
TOTAL	P10,619.50

all in the total amount of TEN THOUSAND SIX HUNDRED NINETEEN PESOS
and FIFTY CENTAVOS (P10,619.50), Philippine Currency, to the damage and
prejudice of the owner thereof in the aforementioned amount. That on
the occasion thereof, the above-named accused, with lewd design, and by
means of force, violence and intimidation, did then and there willfully,
unlawfully and feloniously commit sexual intercourse with Monica-Monge,
a virgin of 16 years old, and with Cristina Monge, all against their
will.”^[1]

Upon arraignment, both accused Eustaquio Loreno y Malaga and Jimmy
Marantal y Londete entered a plea of not guilty to the crime charged.

After trial, the lower court rendered judgment adverse to the accused, the dispositive portion of which read:

“ACCORDINGLY, we find the guilt of the accused Eustaquio Loreno
has been established by proof beyond reasonable doubt and hereby find
him GUILTY of Robbery with Double Rape, penalized by Par. 5 of Article
294 of the Revised Penal Code. There being present aggravating
circumstances in the commission of the offense, Eustaquio Loreno is
hereby sentenced to LIFE IMPRISONMENT, the maximum penalty provided by
law.

Likewise, the Court finds that the guilt of the accused Jimmy
Marantal has been established beyond reasonable doubt and hereby finds
him GUILTY of the crime of ROBBERY penalized under Par. 5 of Article 294
of the Revised Penal Code. Jimmy Marantal is sentenced to
indeterminate penalty ranging from TWO (2) YEARS and ELEVEN (11) DAYS of
prision correctional as minimum to EIGHT (8) YEARS and ONE (1) DAY of
prision mayor, in view of the aggravating circumstances present.

Said accused Eustaquio Loreno and Jimmy Marantal shall indemnify
jointly and severally Elias Monge in the sum of P10,619.50 without
subsidiary imprisonment. In addition, Eustaquio Loreno shall indemnify
Monica Monge and Cristina Monge in the sum of P10,000.00 each or a total
of P20,000.00 as damages, without subsidiary imprisonment.

The accused herein shall pay one-half of the costs each.”^[2]

The facts of the case as stated by the Solicitor General in his Brief, are as follows:

“In the evening of January 7, 1978, Barangay Captain Elias Monge
was at his house located at barrio Magsaysay, Libnanan, Camarines Sur.
He and his two young daughters, namely: Monica Monge, single, then 14
years old, and Cristina Monge, mar­ried, then 22 years old, were
preparing to attend the dance to be held it the barrio proper that
evening. But they had to wait for a while because his wife, Beata
Monge, was still changing the diaper of baby Rachel Baybayon, four-month
old daughter of Cristina Monge. The other occupants present in the
house that evening were his sons, Mario, then 11 years old, and Nilo,
then 13 years old, and their farm helper, also staying with them, by the
name of Francisco Fabie. Cristina was then vacationing at her parents’
house. Her husband, Raymundo Bay­bayon, was in Manila (pp. 2-5, tsn,
Oct. 18, 1979 AM; pp. 2-3, tsn, Oct. 22, 1979 AM; pp. 2-4, tsn, Oct. 19,
1979 AM; pp. 2-3, tsn, Oct. 29, 1979 AM; pp. 2-3, tsn, Oct. 29, 1979
AM).

At about 7:40 o’clock that same evening, while he was at the
balcony of said house, Francisco Fabie saw at first four men with
flashlights approaching. When they came near, he heard one of them call
Elias Monge saying that there was a letter from the chief (hepe).
Fabie Called Elias Monge who was in the sala, informing him that there
was a letter from the chief. Two of the visitors, one wearing red
clothes and the other in dark sweater, came up the house. When Elias
Monge went out to the balcony the man in dark sweater handed to him the
letter. Because it was dark to read it, Elias Monge invited the man in
dark sweater to come inside the sala. The other man in red clothes
posted himself near the post of the balcony (pp. 4-5, tsn, Oct. 19, 1979
AM; pp. 6-7, tsn, Oct. 18, 1979 AM; pp. 4-9, tsn, Oct. 22, 1979 AM; pp.
4-7, tsn, Oct. 29, 1979 AM; pp. 4, 12-13, tsn, Oct. 29, 1979 PM).

When he and the man in dark sweater were inside the sala Elias
Monge asked his daughter, Monica to fetch his reading glasses. On
reading the letter, Elias Monge and Monica read the following: “Kami mga
NPA”, which caused Monica to run to her mother, seized with fear,
informing her just what she came to know about their visitors. Cristina
Monge attempted to run to the kitchen to get a bolo but she was held
back by the man in dark sweater who then announced to all those inside
not to make any scandal. When Elias Monge turned to look at him, the
man in dark sweater poked his gun at him, and ordered all those inside
to lie on the floor (pp. 13-14, tsn, Oct. 18, 1979 PM; p. 7, tsn, Oct.
18, 1979 AM; pp. 4, 1-13, tsn, Oct. 29, 1979 AM; pp. 4, 13, 16, tsn,
Oct. 29, 1979 PM).

In the meantime, outside at the balcony the man in red clothes
asked Fabie for a glass of water, and the latter asked Mario Monge to
get the glass of water, but Mario did not obey and instead went to the
sala. Hence, Fable himself went inside the house to fetch the glass of
water. But, as he went inside the sala, he noticed the man in red
clothes following him. As Fabie reached the door to the sala, the man
in red clothes poked his gun on Fabie’s back and pointed a sharp
instrument on his neck and then he was pushed to go inside the sala.
Once inside the sala, which was lighted, Fabie saw and recognized the
man in red clothes to be Eustaquio Loreno. Also, Elias Monge and his
two daughters, Monica and Cristina, saw and recognized Eustaquio Loreno
as he entered the sala as one of the companions of the man in dark
sweater. All the occupants of the house were ordered by the man in dark
sweater and Loreno to remain lying flat on their stomachs on the floor
(pp. 5-6, tsn, Oct. 19, 1979 AM; pp. 10-12, tsn, Oct. 22, 1979 AM; pp.
7-8, tsn, Oct. 18, 1979 AM; pp. 21-22, tsn, Oct. 18, 1979 PM; pp. 5,
17-18, tsn, Oct. 29, 1979 PM; p. 5, tsn, Oct. 29, 1979 AM).

Thereafter, the man in dark sweater instructed Loreno to tie all
their victims on the floor. Loreno tied them with rattan. The man in
dark sweater cut the baby’s hammock (duyan) and got the ropes with which
he and Loreno used to reinforce in tying the victim’s hands together
behind their backs. There­after, the man in dark sweater instructed
Loreno to go downstairs and drive the barking dog away. Loreno held
Fabie and brought him downstairs to drive the barking dog away (pp. 8-9,
tsn, Oct. 18, 1979 AM; p. 6, tsn, Oct. 19, 1979 AM).

On reaching the corner of the house below the flashlight used by
Loreno happened to focus on the person of Jimmy Marantal. Fabie
immediately recognized Jimmy Marantal as one of the visitors who
remained on the ground as lookouts. Jimmy Marantal beamed his
flashlight on the face of Fabie, and seeing the latter, he kicked him
(Fabie) on the right side of his rib which caused him to fall on the
ground. Marantal kicked Fabie who managed to roll on his side and was
hit on his left thigh. After a while, Loreno lifted Fabie bodily from
the ground, and brought him back upstairs (pp. 6-7, tsn, Oct. 19, 1979
AM; pp. 13-14, tsn, Oct. 22, 1979 AM).

After Loreno and Fabie returned to the sala, the man in dark
sweater got hold of Monica Monge and dragged her up to a room located
above the balcony. She tried to resist but she was then still tied.
Inside the room, Monica was asked to reveal the whereabouts of her piggy
bank savings. She said there was none. He ransacked the room but
found none. The man in dark sweater then seized Monica and forcibly
removed her pants. Monica resisted and shouted at her parents for help.
He boxed and slapped her. Despite her struggle, he was able to remove
her panty and then made her lie on the floor near the bed. After
undressing himself, he forcibly went on top of her. She kept on
struggling and shouting for help, but he succeeded in inserting his
organ into her vagina. She felt pain. He proceeded to have sexual
intercourse with her. She could not do anything to stop him from
consummating his lust as she was still tied. When he was through with
her, she noticed blood in her private part (p. 9, tsn, Oct. 18, 1979 AM;
p. 7, tsn, Oct. 19, 1979 AM; pp. 5, 14, tsn, Oct. 29, 1979 PM; pp. 5-6,
tsn, Oct. 29, 1979 AM).

Below in the sala, Monica Monge’s parents and others heard her
shouts for help and the struggle she put up inside the room. Hearing
her shouts for help, Loreno menacingly pointed his gun at them, telling
them not to rise if they wanted to live. Then Loreno brought Beata
Monge first to the masters room and then to the teacher’s room. During
these two occasions, he forced Beata Monge to open the aparador
and the trunk respectively, with her keys, and he got their contents,
which he brought to the sala, holding on to Beata Monge who remained
tied. All the things he got from the two rooms were poured on the floor
of the sale (pp. 6, 17-19, tsn, Oct. 29, 1979 AM; pp. 7-8, tsn, Oct.
19, 1979 AM; pp. 11-12, tsn, Oct. 18, 1979 AM; pp. 6, 14-15, 18, tsn,
Oct. 29, 1979 PM).

Thereafter, the man in dark sweater returned to the sala,
dragging along Monica Monge whose hair was dishevelled and was crying,
and he made her joined the others on the floor of the sala. He reached
for a can of pineapple juice from the aparador in the sala and
drank its contents. Not long thereafter, he turned his attention to
Cristina Monge, and he dragged her to the room which was then rented by
school teacher Miss Olitoquit (who was then in Naga City). Inside the
room, the man in dark sweater forced his lewd designs on her but she
resisted and struggled although her hands were still tied behind her
back. He boxed her, hitting her on her right eye which caused her to
lose consciousness. He then proceeded to satisfy his lust on her. When
she regained consciousness, the man in dark sweater returned her
shorts. She then realized that he had succeeded in having sexual
intercourse with her (pp. 6, 17-19, tsn, Oct. 29, 1979 AM; pp. 7-8, tsn,
Oct. 19, 1979 AM; pp. 11-12, tsn, Oct. 18, 1979 AM; pp. 6, 14-15, 18,
tsn, Oct. 29, 1979 PM).

While the man in dark sweater and Cristina Monge were still
inside the teacher’s room, a third man entered the sala, and he told
Loreno to cover their victims on the floor with a mat. Loreno found
instead a piece of lawanit with which they covered their victims. The
third man proceeded to the kitchen, and when he returned to the sala, he
was bringing along some rice. Then, a fourth man entered the sala and
he asked from Elias Monge for a cigarette. Elias Monge stood up and
told him to get it from his pocket as he was still tied. Reacting to
Monge’s reply, the fourth man boxed him, hitting him on his breast and
solar plexus which caused him to fall on the floor. Then Loreno asked
Elias Monge to accompany him to the house of a nearby neighbor. On
reaching the balcony, Elias Monge protest ed and refused to accompany
Loreno who then held Elias Monge by the neck, pointing his gun at him.
Beata Monge protested, telling her husband not to go along. Loreno
desisted from his plan to go to the nearby neighbor’s house. Elias
Monge did not recognize the identities of both the third and fourth men
(pp. 12-15, tsn, Oct. 18, 1979 AM; pp. 16-17, 25-26, tsn, Oct. 18, 1979
PM; pp. 12-13, tsn, Oct. 22, 1979 AM; pp. 7, 14-15, tsn, Oct. 29, 1979
AM).

Thereafter Loreno entered the room where Cristina Monge was
earlier brought by the man in dark sweater, and he found her still lying
on the floor. Loreno embraced her trying to kiss her and touch her
private parts. One of the malefactors on the ground called those
upstairs to hurry because a man was approaching. Loreno then released
Cristina Monge and told her to return to the sala to breast-feed her
daughter who was continuously crying. Thereafter, the malefactors went
down from the house one by one, bringing along all the things they
robbed from their victims. The man in dark sweater returned to the sala
and touched the thighs of Cristina Monge, who was already wearing her
shorts, and he told them not to tell anybody what happened to them,
otherwise he will kill them. And then all the malefactors left the
place (pp. 15-16, tsn, Oct. 18, 1979 AM; pp. 16, 18, 19-20, tsn, Oct.
29, 1979 PM).

Soon thereafter, Elias Monge heard Sixto Agapito who was on the
ground near the fence of the house calling him, asking if he was going
to the dancehall. Elias Monge replied from upstairs that he was not
feeling well, and Agapito left. Elias Monge was able to untie himself,
and then he also untied the others. Fabie then revealed to him that
earlier when he had gone down with Loreno, he (Fa­bie) saw and
recognized Jimmy Marantal as among those left on the ground as lookout
for the group that had just robbed them. Cristina and Monica Monge also
told their father that they were abused by the man in dark sweater when
they were brought inside the rooms. For the rest of the night, they
remained on guard and could hardly sleep (pp. 15-17, tsn, Oct. 18, 1979
AM; pp. 10-11, tsn, Oct. 19, 1979 AM; P. 7, tsn, Oct. 29, 1979 PM).

Elias Monge and his family later discovered that they were
robbed of their following personal properties: jewelry valued at
P1,000.00’ two mosquito nets, P70.00; three blankets, P200.00; one
caldero of rice, P30.00; one reversible jacket, P40.00; three chick­ens,
P30.00; one camera, P400.00; one beach towel, P35.00; cash in the
amount of P6,500.00; and several others, all in the total of P10,305.00,
more or less (pp. 4-6, 8, 14-17, tsn, Oct. 22, 1979; pp. 16-17, tsn,
Oct. 18, 1979 AM).

Fabie had often seen and had known Loreno because the latter’s
daughter married a member of the youth organization in the barrio when
he (Fabie) was its president. Elias Monge had already known Loreno
whose occupation was catching wild pigs, and the latter used to place
bobby traps in his (Monge’s) place to catch pigs, during which occasions
Loreno usually slept in his house. Monica Monge and Cristina Monge
also had already known Loreno because his daughter married a neighbor
near their house. Monica often saw Loreno traverse the playground of
the Magsaysay Elementary School where he was studying. Fabie hid also
known Jimmy Marantal because the latter often attended dances held by
the barrio youth organization, and he (Marantal) even married one of its
members. He had engaged Marantal in conversations many times (p. 3,
tsn, Oct. 19, 1979 AM; pp. 2-3, tsn, Oct. 22, 1979 AM; pp. 2-3, 8-9,
tsn, Oct. 29, 1979 AM; pp. 2-3, 7-8, tsn, Oct. 18, 1979 AM; pp. 2-3,
21-22, tsn, Oct. 18, 1979 PM; pp. 2, 8-10, 17-18, tsn, Oct. 29, 1979
PM).

Despite the revelation of her daughters to him that they were
sexually abused that fateful evening, Elias Monge forced himself to
report the following day, Sunday the robbery-rape incident at the PC
detachment in Sipocot, but there was no one to talk there. So he
proceeded to the PC headquarters at Camp Tara, bringing along the ropes
and rattan which were used by the malefactors in tying him and his
family during the robbery-rape incident. He was given a written
recommendation from the PC to the hospital with instructions to have
himself and his daughter Monica be physically examined. Cristina Monge
was informed that there was no need for her to submit for physical
examination because she was already married. (pp. 18-19, tsn, Oct. 18,
1979 AM; p. 18, tsn, Oct. 18, 1979 PM; p. 8, tsn., Oct. 29, 1979 PM).

Sgt. Victorino del Socorro, the chief of the investigation
section of the 243rd PC Company, stationed at Tara, Camarines Sur,
investigated on Jan­uary 10, 1978 the robbery-rape incident. He was
informed by Barangay Captain Elias Monge that his house was robbed and
his two daughters were raped by the robbers in the evening of January 7,
1978 in their house and that he (Monge) was able to iden­tify two of
the robbers, mentioning their names as Eustaquio Loreno and Jimmy
Marantal of Barrio Calabnigan, Libmanan, Camarines Sur. After Sgt. del
Socorro and his team made an ocular inspection of the place on that same
day, they proceeded to barrio Calabnigan where they picked up Eustaquio
Loreno and Jimmy Marantal and brought them to the PC camp. At the PC
camp on January 17, 1978, the two suspects were duly identified upon
confrontation as two of the robbers by the above-mentioned barrio
captain, his daughters Monica and Cristina Monge, and their helper
Fabie. During the investigation, the two suspects refused to give their
written state­ments. Thus, Sgt. del Socorro was able to secure the
written statements of Elias Monge, Francisco Fabie, Monica Monge, and
Cristina Monge about the robbery-rape incident. Upon being identified
both said suspects told their victims if they could just talk and settle
the matter, but Elias Monge replied that what they did that evening was
an oppression (ka­apihan) against him and his family. The two
sus­pects retorted that it was up to him (pp. 19-21, tsn, Oct. 18, 1979
AM; pp. 18-20, tsn, Oct. 18, 1979 PM; pp. 1-5, 6, 8-12, tsn, Oct. 30,
1979 AM).

Dr. Jesus H. Miraflores, resident physician of the Camarines Sur
Provincial Hospital at Naga City, examined Elias Monge on January 10,
1978. The X-Ray examination’s result was negative. But the doctor
found him to have sustained an external inju­ry which he classified as
“resolving hematoma, right cestal region”, a close wound, already spread
out but in the process of healing, located on the right side of the
middle portion of the thorax. He gave Elias Monge a prescription for
anti-infection to stop the bleeding as there was still slight bleeding
and to sub­side the swelling. Afterwards he gave the corres­ponding
medical certificate to Elias Monge (Exhibit “A”; pp. 22-26, tsn, Oct.
29, 1979 AM; p. 19, tsn, Oct. 18, 1979 AM).

Dr. Erlie S. Cabral, another resident physician of the same
provincial hospital, examined Monica Monge on January 10, 1978. The
doctor did not find any fresh wound on her body, but examining her
hymen, she found fresh and incomplete lacerations of said hymen at 3:00
and 9:00 o’clock locations and, inserting her index finger inside her
patient’s sex orifice, it easily admitted her forefinger. She had the
patient’s vagina smeared for spermatozoa but none was found after
laboratory examination. The doctor observed that the lacerations did
not reach the base of the hymen but the edges of the lacerated portions
were still reddish and slightly swollen. The doctor opined that the
lacerations could have been caused by the forcible penetration of a
male’s penis into the patient’s vagina. The doctor further explained
that the laceration of the hymen heals after five days. She also
explained that male spermatozoa stays in­side the female vagina at the
most for 72 hours. She stated that, admitting there was orgasm during
the forcible sexual intercourse, any sperm must have already disappeared
when she examined Monica Monge on January 10, 1978 which was already
beyond 72 hours since she was raped in the evening of January 7, 1978
(pp. 26-28, 31, 33-34, tsn, Oct. 29, 1979 AM; Exhibit “B”).^[3]

Appellants Eustaquio Loreno and Jimmy Marantal claimed that they
acted under the compulsion of an irresistible force and/or under the
impulse of uncontrollable fear of equal or greater injury. They
admitted that they were in the house of Elias Monge on the night of
January 7, 1978,^[4] but they
were only forced by a man wearing black sweater and his five companions
who claimed to be members of the New People’s Army (NPA), operating in
the locality, with the threat that if they did not obey, appel­lants and
their families would be killed. We, however, find the contention
untenable.

A person who acts under the compulsion of an irresistible force,
like one who acts under the impulse of uncontrollable fear of equal or
greater injury is exempt from criminal liability because he does not act
with freedom. The force must be irresistible to reduce him to a mere
instrument who acts not only without will but against his will. The
duress, force, fear or intimidation must be present, imminent and
impending and of such a nature as to induce a well-grounded apprehension
of death or serious bodily harm if the act is not done. A threat of
future injury is not enough. The compulsion must be of such a character
as to leave no opportunity to the accused for escape or self-defense in
equal combat.^[5]

A perusal of the appellants’ statement of the robbery-rape incident as summarized in their joint brief (pp. 3-10),
showed that they admitted their participation in the commission of the
crimes of robbery and rape against Elias Monge and his family on
Jan­uary 7, 1978. Further established were facts inconsistent with
appellant’s claim of having acted under the compulsion of an
irresistible force and/or under the impulse of an uncontrollable fear of
equal or greater injury, to wit:

1. Appellant Eustaquio Loreno was armed with a short firearm
when he and the man in dark sweater went up the house of Elias Monge.
While inside the house, Loreno pointed the gun to the victims which
enabled the malefactors to ransack the house (p. 38, tsn, Oct. 30, 1979 PM).

2. When Eustaquio Loreno and the man in dark sweater reached
the balcony, Loreno positioned himself next to the post in the balcony,
while the man in dark sweater delivered the letter to Elias Monge.
Loreno admitted that, without prior instructions, he immediately
positioned himself near the post of the balcony (p. 10, tsn, Id.), an act which showed his voluntary participation in the criminal acts.

3. Eustaquio Loreno himself tied the victim with rattan and
thereafter, with ropes of the hammock. Loreno in fact admitted that he
was the one who furnished the rattan which he got from inside the house (pp. 14-15, tsn, Id.).

4. When Monica Monge was struggling and shouting for help from
inside the room where she was earlier dragged by the man in dark
sweater, Loreno’s immediate reaction was to point his gun to the victims
who were then lying on the floor, telling them not to rise if they
wanted to live (p. 38, tsn., Id.).

The records likewise revealed that on the two occasions Eustaquio
Loreno brought Beata Monge to the master’s room and the teacher’s room
where he made her open the trunk and the “aparador” with her
keys and got the contents which he brought and poured on the floor of
the sala, appellant Loreno acted alone, without the threat and
assistance of the man in dark sweater. And after the man in dark
sweater consummated his lust on Cristina Monge in the teacher’s room and
seeing Cristina Monge still lying on the floor, Loreno embraced her and
tried to kiss and touch her private parts.

When Eustaquio Loreno and Francisco Fabie went downstairs to drive
the barking dog away, the flashlight of Loreno happened to be focused
on the face of Jimmy Marantal who in turn beamed his flashlight on the
approaching Fabie. Upon seeing Fabie, Jimmy Marantal kicked the former
twice causing him (Fabie) to fall to the ground. Marantal’s reaction
towards Fabie was due to the fact that Fabie had recognized him and the
blows which he gave to Fabie who was still tied at the moment was to
serve as a warning to Fabie not to report his presence and participation
in the rob­bery-rape incident to the authorities.

Jimmy Marantal, who was standing at the gate of the house below,
must have heard the shouts of Monica Monge for help and must have known
by then that Monica Monge was being abused by his two companions who
earlier went up the house. As a “lookout” or guard, Jimmy Marantal gave
his companions effective means and encouragement to commit the crimes
of robbery and rape. There was no showing that Jimmy Marantal raised a
voice of protest or did an act to prevent the commission of the crimes.

All these demonstrated the voluntary participation and the
conspiracy of the appellants. The foregoing acts, though separately
performed from those of their unidentified companions, clearly showed
their com­munity of interest and concert of criminal design with their
unidentified companions which constituted conspiracy without the need of
direct proof of the conspiracy itself.^[6]
Conspiracy may be inferred and proven by the acts of the accused
themselves and when said acts point to joint purpose and concert of
action and community of interest, which unity of purpose and concert of
action serve to establish the existence of conspiracy,^[7] and the degree of actual participation by each of the conspirators is immaterial.^[8]
Conspiracy having been established, all the conspirators are liable as
co-principals regardless of the extent and character of their
participation because in contemplation of law, the act of one is the act
of all.^[9]

The foregoing crime of robbery with double rape was committed on January 7, 1978 by more than three persons, all armed,^[10]
in conspiracy with each other, attended by the aggravating
circumstances of band, nighttime and dwelling and is, under P.D. 767,
promul­gated on August 15, 1975, punishable by death. But, for lack of
the required number of votes, the accused should suffer the penalty of reclusion perpetua.

WHEREFORE, the judgment appealed from should be, as it is hereby,
AFFIRMED, with the modification that the accused JIMMY MARANTAL is
hereby sentenced to suffer the penalty of reclusion perpetua. With costs against appellants.

SO ORDERED.

Aquino, Guerrero, Abad Santos, Plana, Escolin, Relova, Gutierrez, Jr., De La Fuente, and Cuevas, JJ., concur.

Makasiar, J., partial dissent. Appellant Jimmy Marantal is
guilty of robbery only, no clear proof that he knew Monica Monge was
being raped. And even if he did, he could not participate as he was in
the ground outside the house as look out.

Fernando, C.J., and Teehankee, J., no part.

Melencio-Herrera, J., on official leave.

---

^[1] Rollo, pp. 8-9.

^[2] Decision, pp. 4-5.

^[3] pp. 6-18, Appellee’s Brief.

^[4] p. 2, Appellants’ Brief.

^[5] People vs. Villanueva, 104 Phil. 450.

^[6] People vs. Carbonel, 48 Phil. 868.

^[7] People vs. Verzo, 65 SCRA 324.

^[8] People vs. Reyes, 17 SCRA 309; People vs. Akiram, 18 SCRA 239.

^[9] People vs. Chan Lit Wat, 50 Phil. 182; People vs. Pareja, 28 SCRA 764.

^[10] p. 15, Brief of the Defendants-Appellants.