PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. RODOLFO ASPILI, ERNESTO MAGBANUA, EDUARDO MENDOZA, RODOLFO SALES, ROBERT AGUIRRE AND PACIFICO REBUTIDO, ACCUSED-APPELLANTS.

The appellants seek a reversal of the decision of the Regional
Trial Court (RTC) of Palawan,
4th Judicial Region, Branch 48, finding
them guilty of the crime of rape
with homicide, with the aggravating circumstances of robbery in band, taking
advantage of nighttime, recidivism, abuse of superior strength and craft.

The facts for the prosecution are summarized by the Solicitor
General, as follows:

“On December 28,
1969, the M/L Elsa left Puerto
Princesa City
for Dumaran, Palawan.  On board were Catalino
Nadayao, the patron of the vessel; Pepito Severino and two other
crew members; and thirteen (13) passengers among whom were Narcisa
Batayola, Daisy Gonzales, Josie Gonzales, Yolanda
Argue, Wenifredo Magallanes,
a certain Bunag and several children ranging from two
(2) to nine (9) years of age.  All in
all, 17 persons were on board M/L Elsa with some cargoes consisting of liquor
like tanduay, beer, coke, etc.  The vessel left Puerto Princesa
at 3:00 o’clock in the morning, navigating towards the lighthouse but due to
big waves and strong winds, the launch was forced to seek shelter at Balon, Sta. Lucia, Puerto Princesa
City, arriving thereat about 6 to 7:00 o’clock in the morning where they were
stranded because of the bad weather and the damaged rudder of the launch. (TSN, 2-18-70, pp. 169-176).

While at the aforementioned place, near the site of the Sta. Lucia
Penal Colony, in the afternoon between one and three
o’clock, two persons went aboard the M/L Elsa.  They were
identified by Josie Gonzales as Pacifico Rebutido and Rodolfo Aspili, and
after Pepito Severino
handed to them the liquor they left the launch (TSN, 8-26-70, pp. 437-442).

It was later established that said two accused together with the
other four, namely:  Ernesto Magbanua, Rodolfo Sales, Roberto Aguirre and Eduardo Mendoza, all convicts – colonists of Sta. Lucia Penal Colony, had been drinking liquor (tanduay) since the morning of December 28, 1969 even as
they hatched the plan to escape from the Penal Colony with the use of M/L
Elsa.  The buying of the tanduay served also the purpose of acquainting the herein
accused that the crew and passengers of M/L Elsa were innocent, peaceful and unarmed (TSN, 11-26-40, pp. 307-312).

Between 7 and 8 o’clock in
the evening of the same day, the six accused
carried out their agreed plan to escape and, fully armed with pistols
and boloes, they boarded the launch bringing with
them chicken and dried fish.  Upon
boarding the launch, they placed themselves in strategic positions.  Magbanua talked to
the patron of the launch who ordered the engine operator, Pepito
Severino, to fetch four bottles of tanduay.  While in
the act of handing the tanduay to Magbanua,
the latter suddenly thrust his bolo at Severino’s
abdomen, at the same time pointing a pistol at him shouting ‘walang kikilos‘ (nobody
moves).  This prompted Severino to jump immediately into the sea, after seeing
also the rest of the accused draw their bolos. 
Witnessing all these hostile acts and having evaded a stab by Rodolfo
Sales who nevertheless chased him, Catalino Nadayao was constrained to jump overboard.  Some passengers and the rest of the crew who
were frightened by the shouting of Magbanua and the
ensuing commotion likewise jumped into the sea (TSN 2-20-70, pp. 183-193;
3-17-70, pp. 196-197).  Among the
passengers who jumped overboard were Daisy Gonzales and Yolanda Arque.

Only five persons were left in the launch who
did not jump overboard. Josie Gonzales tried to jump overboard but Ernesto Magbanua, one of the accused, prevented her by holding both
arms.  Magbanua
pulled and dragged her.  Josie struggled
to free herself but to no avail.  Magbanua succeeded in dragging her over the cargoes where
he pinned her down.  While in that lying
position he forcibly raped her for about five to ten minutes.  At that time, Magbanua
was pointing a gun at Josie’s head. 
After Magbanua was through, Rodolfo Sales
approached her, took off his pants and laid on top of
her for about 3 to 5 minutes.  At the
time Sales was ‘raping Josie, Magbanua was still
holding her and pointing a gun at her. 
After Sales, Pacifico Rebutido
approached her and likewise raped her. 
Josie tried to evade but she was already weak and only felt pain (TSN, 8-26-70, pp. 458-463;
8-27-90, pp. 1-23).

On the other hand, Narcisa Batayola likewise attempted to jump but Magbanua
also held her at the back portion of her
dress and told her to return to
the place where she and the other children were originally hiding.  She saw the accused ransacking the cargoes
and taking the contents thereof.  Moments
later, Roberto Aguirre then with a
pistol held Narcisa on the shoulders while Eduardo
Mendoza held her legs and wrestled her down. 
Aguirre had sexual intercourse with her followed by Mendoza.  Thereafter, Rodolfo Aspili
brought her out toward a sawali and right there and
then made her lay down in a slanting position. 
When Aspili was having sexual intercourse with
her, nobody was holding her but she could no longer resist as she was already
exhausted and weak (TSN, 11-16-70, pp. 147-167).

Subsequently, the six accused left the launch and boarded their banca.  Thereafter,
Josie and Narcisa together with the children jumped
into the water and swam to the bakawan to
hide.  They were rescued by the ‘Baracuda Launch.’ In the process, the dead bodies of Daisy
Gonzales and Yolanda Argue were found.

Necropsy examination on the cadavers of Daisy and Yolanda showed
that both died of suffocation by drowning as blood was coming out from their
nose, mouth, and opening of both ears due to rapture of tempanic
membrane (TSN, 2-17-70, pp. 109-124).

Dr. Dueñas, the examining physician,
likewise found that Josie Gonzales and Narcisa Batayola both had undergone sexual penetration recently.

Subsequently, both Josie Gonzales and Narcisa
Batayola filed separate complaints charging the
herein six accused with the crimes of Rape with Homicide and Robbery in
Band.” (Brief for the plaintiff-appellee, pp,
2-8, Rollo, p. 334)

On the basis of the above-mentioned alleged acts committed by the
accused, the following criminal cases were filed:

1.                          Criminal Case No. 3

for

Rape with Homicide and with Robbery in Band

COMPLAINT

“The undersigned complainants, after having been duly sworn to
oath in accordance with law, accuse RODOLFO ASPILI, ERNESTO MAGBANUA, EDUARDO
MENDOZA, RODOLFO SALES, ROBERTO AGUIRRE and PACIFICO REBUTIDO, of the crime of
RAPE WITH HOMICIDE AND WITH ROBBERY IN BAND, committed as follows:

“‘That on or about the 28th day of December, 1969, in Sitio Balon, Sta. Lucia
Sub-Colony, Municipality of Puerto Princesa, Province
of Palawan, Philippines and within the jurisdiction
of this Honorable Court, the above-named accused who are all serving sentence
by virtue of a final judgment in the Iwahig Penal
Colony, Puerto Princesa, Palawan,
conspiring and confederating together and helping one another, forcibly boarded
the motor launch named ‘M/L ELSA’ which was then at anchor seeking shelter in
the vicinity due to bad weather and while on board the said vessel the accused
Ernesto Magbanua, Rodolfo Sales, and Pacifico Rebutido, did then and
there wilfully, unlawfully and feloniously and with
deliberate intent and lewd designs and by means of force, violence and intimidations using guns
and boloes for the purpose, had sexual intercourse
one after the other with the herein complainant JOSIE GONZALES, a minor 13
years of age, against her will, she being one of the 17 passengers aboard the
said vessel while the rest of the accused were either having carnal knowledge
with another victim NARCISA BATAYOLA, likewise a minor 15 years of age, by
means of force and intimidation and against her will; while the others were
ransacking the baggages of the passengers and on the
occasion of such acts of the accused, panic took place aboard the said vessel
thus forcing the other passengers to jump overboard for fear of bodily harm,
and as a consequence thereof, DAISY GONZALES age 15, and YOLANDA ARQUE, age 9,
both passengers of the said vessel were drowned; and further on the occasion
thereof, all the accused took and carried away, unlawfully and feloniously and
against the will of the owners thereof, cash amount of money, personal
belongings and cargoes aboard the vessel amounting to no less than TWO THOUSAND
(P2,000.00) PESOS, Philippine Currency.’”

CONTRARY TO LAW and with the aggravating circumstances of
nighttime, by an armed band, in an uninhabited place, recidivism and or reiteracion, with evident premeditation, superior strength
and with the use of craft, fraud or disguise, and penalized under Article 335 of the
Revised Penal Code, as amended by Republic Act No. 4111 in relation to Article
160 of the same Code.”

SGD. PABLO GONZALES       SGD.JOSIE
GONZALES

Father-Complainant                           Complainant

(Rollo, pp. 15-16)

2.                          Criminal
Case No. 4

for

Rape with Homicide and with Robbery in Band

COMPLAINT

“That on or about the 28th day of December, 1969, in sitio Balon, Sta. Lucia Sub-Colony, Municipality of Puerto Princesa, Province of Palawan,
Philippines, and within the
jurisdiction of this Honorable Court, the above-named accused who are all
serving sentence by virtue of a final judgment in the Iwahig Penal
Colony, Puerto Prinsesa, Palawan,
conspiring, confederating together and helping one another, forcibly
boarded the motor launch named ‘M/L ELSA’ which was then at anchor seeking
shelter in the vicinity due to bad weather and while on board the said vessel,
the accused Roberto Aguirre, Eduardo Mendoza and Rodolfo Aspili,
did then and there wilfully, unlawfully and
feloniously and with deliberate intent and lewd designs and by means of force, violence and
intimidation, using guns and boloes for the purpose
had sexual intercourse, one after the other, with herein complainant, Narcisa Batayola, a minor 15
years of age, against her will, she being one of the 17 passengers aboard the
same vessel while the rest of the accused were either having carnal knowledge
with another victim, Josie Gonzales,
likewise a minor 13 years of age, by means of force and intimidation and
against her will; while the
others were ransacking the baggages of the passengers
and on the occasion of such acts of the accused, panic took place aboard the
said vessel, thus forcing the other passengers to jump overboard for fear of
bodily harm, and as a consequence thereof, Daisy Gonzales age 15 and Yolanda Arque, age 9, both passengers of the said vessel were drowned; and further on the occasion
thereof, all the accused took and carried away unlawfully and feloniously and
against the will of the owners thereof, cash amount of money, personal
belongings and cargoes of the vessel amounting to no less than P2,000.00,
Philippine Currency.

“Contrary to law and with the aggravating circumstances of
night time, by an armed band in an uninhabited place, recidivism and/or
reiteration, with evident premeditation, superior strength and with the use of
craft, fraud or disguise, and penalized under Art. 335 of the
Revised Penal Code, as amended by R.A. No. 4111 in relation to Art. 160 of the same Code.

Puerto Princesa, Palawan, Philippines,
January 7, 1970.

(SGD.) CRISTITO ARQUE   (SGD.)
NARCISA BATAYOLA Y ARQUE

Guardian-Uncle-Complainant            Complainant”

(Rollo, pp. 179-180)

The facts for the defense
are summarized by their counsel as follows:

“The true facts of the cases are those testified to by Ernesto
Magbanua, Eduardo Mendoza, Roberto Aguirre, Rodolfo
Sales and Manolo Espino
stated briefly hereunder as follows:

At about 9:00 o’clock in the morning of December 28, 1969, Ernesto Magbanua
and Roberto Aguirre left their nipa hut at Santa
Lucia Penal Colony and went to the Prison Brigade of the said colony to get their
dirty clothes.  At the brigade they met
three (3) private persons, passengers or crews of Motor Launch ‘Elsa’.  They were
eating ‘Camote Cassava’ with the Capataz
of the colony on duty, a certain person called Rudy.

From the brigade, Magbanua and Aguirre
proceeded to the hut of Pacifico Rebutido.  There they saw Pacifico
Rebutido, Rodolfo Aspili,
Rodolfo Sales and Eduardo Mendoza drinking tanduay
which were brought to Rebutido’s hut by the three (3)
private persons from the Motor Launch ‘Elsa’.

At about 6:00 o’clock in
the afternoon of the same date, Ernesto Magbanua and
his companions returned to the colony brigade for the usual daily checking and
counting of prisoners.  After the
checking-up, the group returned to the nipa hut of Pacifico Rebutido and there
planned to escape from the Sta. Lucia Penal Colony situated in Puerto Princesa, Palawan.  They agreed to hire the Motor Launch ‘Elsa’
anchored about ten (10) arms
length from the wharf of Sta. Lucia Penal Colony in Balon, Puerto Princesa,
Palawan with money, chickens and dried fish.

At about 7:00 o’clock in the evening of that date the group,
defendants-appellants herein, went to the Motor Launch ‘Elsa’ using the banca of the colony and bringing with them money, chickens
and dried fish.  Ernesto Magbanua boarded the launch ahead of the rest, talked to
the patron of the launch to bring them to liberty and offered money, chickens
and dried fish for their fares.  His
companions likewise boarded the motor launch, Rebutido
being the last to board the same at the time when the patron or the launch was still thinking and
considering the offer of Magbanua.  But when Rebutido
reached the deck of the launch, he stepped on a loose board and fell inside the
engine room.  The impact of his fall was so loud that the patron jumped
overboard into the sea shouting to his crews and passengers to likewise jump
into the sea.  Only two women, a man and
small children remained in the launch.  Magbanua told the remaining persons on board the launch not
to jump overboard because they did not have bad intentions.

Magbanua and his companions then searched
for those who jumped into the sea
for anyone who may not know how to swim in order to save him.  And they found a small boy about nine (9)
years of age struggling to swim.  They
saved him by using a pole and pulling him towards the launch.  When asked why he jumped overboard, the boy
said that he jumped because he heard the Captain of the launch shouting to them
to jump into the sea.

When the herein appellants found no more persons on the sea around
the launch, Rodolfo Aspili and Eduardo Mendoza went
down to the engine room with one male passenger of the launch and tried to
start the engine.  It was at that moment
when Magbanua who remained on the deck saw Josie
Gonzales at the prow of the launch.  He
asked her to accommodate him for a sexual intercourse, but Josie pointed him
instead to Narcisa Batayola
saying that Batayola is the one having experience on
the matter.  When told he (Magbanua) did not like Batayola,
Josie agreed to a sexual intercourse if Magbanua will
not harm her.  She undressed herself when
told to undress.  Then Magbanua opened the zipper of his pants and let Josie hold
his penis.  While Josie was holding his penis, Magbanua made her lie down. 
He inserted his penis inside the vagina of Josie who complained of
pains.  It took Magbanwa
about five (5) minutes to insert only two inches of his penis inside the vagina
of Josie Gonzales.  At that same moment,
Rodolfo Sales and Pacifico Rebutido
pulled Magbanua up from Josie Gonzales reminding Magbanua that their agreement was only to escape and what
he was doing to Josie Gonzales was not part of their agreement.

At about the same time that Magbanua was
having sexual intercourse with Josie Gonzales, Roberto Aguirre was also having
sexual intercourse with Narcisa Batayola.  Before the intercourse, Aguirre saw Batayola about to jump into the sea.  He prevented her from jumping overboard by
holding her.  Then he went around the
deck of the launch to see if there were still persons swimming on the water,
leaving Batayola at the prow of the launch.  Seeing none, he returned to Batayola and asked her to have sexual intercourse with
him.  At first Batayola
refused.  But later she undressed herself
when told to undress.  Aguirre made her lie down and he inserted his
penis inside the vagina of Narcisa Batayola without any difficulty.  He made two successive
sexual intercourse with Narcisa
Batayola, after which they both dressed up.  They were in that situation when Rodolfo
Sales and Pacifico Rebotido
arrived, pulled Aguirre away and they boarded their banca
because they saw someone flashlighting the premises
at the shore.  Magbanua
also called Aspili and Eduardo Mendoza at the engine
room and they likewise boarded their banca and
proceeded to the mangrove swamp to escape. 
On the way, they noticed that Aspili was left
behind.” (Appellant’s Brief, pp. 3-6)

The two cases were
consolidated and, after hearing, the lower court rendered judgment finding the
accused guilty of the crime of
rape with homicide.  The dispositive portion of the decision is set forth below:

“WHEREFORE, haloed by the illuminating light of all aforegoing facts, laws, jurisprudence and arguments, this
Court finds all the herein accused, namely: 
Rodolfo Aspili, Ernesto Magbanua,
Eduardo Mendoza, Jr., Rodolfo Sales, Roberto Aguirre and Pacifico
Rebutido guilty of the crimes of Rape with Homicide,
with the aggravating circumstances of Robbery in Band, taking advantage of
nighttime, recidivism, abuse of superior strength and craft, in the above?entitled
Criminal Case No. 3, beyond reasonable doubt, and sentences all of them to
Reclusion Perpetua, and all, likewise, guilty of the
same but separate crimes with all the same aforementioned aggravating
circumstances, in the above-entitled Criminal Case No. 4, beyond reasonable
doubt and imposes upon all of them, another separate penalty of Reclusion Perpetua, both penalties to be served successively, with
all its accessory penalties too in both cases, further, all same six (6) herein
accused are sentenced and ordered to pay actual damages jointly and solidarily as follows:

1. P265.00 – to Josie Gonzales;

2.
24.00 – to Narcisa Batayola;

3. 36.00 – to Pepito Severino and

4.
P1,675.00 – to Catalino Nadayao, for and the
other passengers, named by him to have suffered losses, in an amount
corresponding to each, respectively,

and furthermore, the same six (6) aforenamed accused are sentenced and ordered to pay,
jointly and solidarily, moral damages, in the amount
of P25,000.00 to each of Josie Gonzales
and Narcisa Batayola, their
heirs and assigns respectively, as moral damages, and ultimately to indemnify
in the same manner, the parents, their heirs and assigns of deceased Daisy
Gonzales and Yolando Arque,
the amount of P30,000.00 for each and every death of the said two (2) deceased,
without subsidiary imprisonment in case of insolvency in all the aforecited civil liabilities.  It is further directed that an alias warrant
of arrest be issued against Rodolfo Sales and Pacifico
Rebutido and not to be returned until they were in
the custody of the law.” (Rollo, pp. 290-291)

We agree with the trial court that the prosecution correctly presented the facts of the case.

The appellants raise the following assignments of errors:

I

“THE TRIAL COURT ERRED IN HOLDING THAT
THE CRIMES COMMITTED BY THE DEFENDANTS-APPELLANTS HEREIN ARE RAPE WITH HOMICIDE
WITH THE AGGRAVATING CIRCUMSTANCES OF ROBBERY IN BAND, NIGHTTIME, SUPERIOR
STRENGTH, RECIDIVISM, AND CRAFT.

II

THE TRIAL COURT ERRED IN HOLDING THAT THE
DEFENDANTS-APPELLANTS HEREIN CONSPIRED TO COMMIT THE OFFENSES OF RAPE WITH
HOMICIDE AND CONVICTING ALL OF THEM OF THE SAID CRIMES.” (Rollo, pp. 326-327)

The Court finds, at the outset, that the trial judge erred in designating
the offense committed by the appellants as rape with homicide aggravated by
robbery in band.  For one, neither in law
nor in jurisprudence is there an aggravating circumstance as robbery in band.  More importantly, the evidence shows that
what was committed
is the special complex crime of robbery with homicide aggravated by rape.

The records disclose that the appellants took control of the
vessel M/L Elsa by threatening the crew and passengers with their boloes and pistols. 
(TSN, pp. 452-459, August 26, 1970; pp. 137-148, November 16, 1970) Narcisa Batayola, a prosecution
witness, testified that after the commotion that ensued when appellants wielded
their weapons, some of the appellants immediately started ransacking the
cargoes and taking the contents thereof. (TSN, p. 148, November 16, 1970) These
acts of the appellants therefore manifest an unlawful intent to gain, through violence and intimidation of persons,
by taking the vessel and personal property of the crew and passengers, which comprises the crime of
robbery.

The overwhelming evidence
reveals that the original design of the malefactors was to commit robbery in
order to facilitate their escape from the penal colony.  Their original intent did not comprehend the commission of rape.  Hence, the crime of rape cannot be regarded
as the principal offense.  In this case,
since it attended the commission of robbery with homicide, the rape is deemed to aggravate the crime but
damages or indemnification for the victim may be awarded.  (See People v. Bacsa, 104 Phil. 136 [1958]; People v. Tapales, 93
SCRA 134 [1979]). Instead of ignominy, it is the rape itself that aggravates the crime (People v. Mongado, 28 SCRA 642 [1969]).

With respect to the
deaths of Daisy Gonzales and Yolanda Argue, the appellants are clearly liable therefor since,
as held by this Court in People v. Mangulabnan, (99 Phil. 992 [1956]) it is immaterial that the death of a person
supervened by mere accident, provided that the homicide is produced by
reason or on occasion of the robbery.

Since rape and homicide
co-exist in the commission of robbery, the offense committed by the
appellants is the special complex crime of robbery with homicide, aggravated by rape, punishable under Paragraph 1 of Article
294 of the Revised Penal Code (RPC).  It
does not matter if the technical name assigned to the offense is rape with
homicide and with robbery in band, for the real nature of the crime charged is
determined not by the title of the complaint, nor by the specification of the
provision of the law alleged to
have been violated, but by the facts recited in the complaint or
information, (See People v. Oliviera, 67 Phil. 427 [1939]).  As the acts constituting robbery with homicide were clearly set forth in the complaint and proven during trial, then the appellants may be
held liable for such crime, regardless
of the erroneous designation of the offense.

With the foregoing
pronouncements, the Court no longer
deems it necessary to deal with
the appellants’ argument in their first
assignment of error that, assuming
arguendo that they are guilty of committing rape, the crimes of rape and homicide should be viewed
as separate and distinct offenses.  We
have already ruled that the crime
committed is the special complex crime of robbery with homicide, the
rape being considered merely as an aggravating
circumstance.

We find no merit in the appellants’ contention
that the lower court erred in considering
recidivism as an aggravating circumstance. 
All the appellants are recidivists. 
They were serving sentence
at the Sta. Lucia Penal Colony by virtue of a final judgment of conviction
when they committed the above-mentioned offenses.  Rodolfo Aspili,
Ernesto Magbanua, Eduardo Mendoza and Pacifico Rebutido
have previously been convicted of the crimes of frustrated homicide, serious
physical injuries, theft, and murder and trespass to dwelling,
respectively.  Both Rodolfo Sales and
Roberto Aguirre have previously been convicted of robbery in band.

We likewise uphold the
trial court’s finding that the crime was aggravated because it was committed by
a band.  All the six appellants were
armed when they boarded the vessel and perpetrated their
dastardly acts.  There is also abuse of superior strength,
since most of the victims were women and children ranging from 2 to 9 years old.

However, the aggravating
circumstances of nocturnity and craft should not have
been considered by the lower
court.  There was no showing that the
appellants purposely sought the cover of night when they committed the special
complex crime of robbery with homicide. 
Neither did the appellants employ craft, since they had already boarded
the vessel when they pretended to buy Tanduay Rum in
exchange for the dried fish and chicken
they were carrying.  Even without such
pretense, they could nonetheless have carried out their unlawful scheme.

With respect to the
second assignment of error, the appellants’ contention that there was no
conspiracy in the commission of rape becomes immaterial in view of the fact
that all of them directly participated
in its commission.  Appellants Magbanua, Sales and Rebutido took
turns in raping Josie Gonzales, while appellants Aguirre, Mendoza
and Aspili ravished Narcisa
Batayola.  The
Court accords more weight and credence to the testimonies of
complainants Gonzales and Batayola.  These two girls, 13 and 15 years old
respectively, would not subject themselves to the rigors of a public trial if
they were not motivated by an honest
desire to punish their assailants. 
Moreover, their narrations were corroborated by the testimony of Dr. Juanito Duenas who physically
examined Gonzales and Batayola and found that both
indeed had just undergone sexual penetration.

The interlocking
extrajudicial confessions executed by the appellants are admissible even if they were not informed of their right to counsel. 
These confessions were all taken in January 1970, long before the 1973
Constitution took effect.  Article III Section 20 of the 1973
Constitution, for the first time, concretized the present right of persons
under custodial investigation to counsel, how to be informed of such right and the effect of non-compliance. 
The requirements and restrictions surrounding this constitutional
guarantee, however, have no retroactive effect and do not apply to confessions
taken before January 17, 1973, the date of effectivity
of the 1973 Constitution, (See Magtoto v. Manguera, 63 SCRA 4 [1975])

At any rate, even without
considering these extrajudicial confessions, the Court is convinced that the
guilt of appellants has been incontrovertibly established beyond reasonable
doubt by the prosecution.

The Court, however, finds that the trial judge erred in imposing
upon the appellants two separate penalties of reclusion perpetua,
both penalties to be served successively. 
The basis for this imposition by the lower court is its finding that the appellants are guilty
of two crimes of rape with homicide, one for the rape of Josie Gonzales and the
other for the
rape of Narcisa Batayola.  We have already pronounced, though, that the rape committed is merely an
aggravating circumstance.  Since the
appellants are found guilty of the special complex crime of robbery with homicide aggravated by rape, recidivism, in band and abuse of superior strength, then, applying Article 294,
paragraph 1 of the Revised Penal Code, only one penalty of reclusion perpetua should have been imposed.

In passing, it may be
mentioned that the crimes committed by appellants are now denominated as piracy
in Philippine waters, punishable under Presidential Decree No. 532. 
We find it unnecessary to retroactively apply the provisions thereof in
favor of the appellants because the acts committed by them are likewise punishable
therein by reclusion perpetua.

Considering the perversity accompanying the crime, the heinous
nature not only of the offense but its manner of commission, and the refusal of
the accused to learn from their earlier convictions, the Court strongly feels
that the sentences herein imposed must be fully served.  Any official who goes over any applications
for pardon or parole is urged to read the records of the case before acting on
the applications.

WHEREFORE, the appealed decision in Criminal Cases Nos. 3
and 4 is AFFIRMED but MODIFIED.  The
appellants are found guilty of the special complex crime of robbery with
homicide with the aggravating circumstances of rape, recidivism, in band and
abuse of superior strength and are hereby sentenced to suffer the penalty of
reclusion perpetua. 
The award of actual damages is hereby affirmed.  The awards representing indemnity for the
deaths are increased to P50,000.00 for each victim
while the moral damages for the rapes are increased to P30,000.00 for each victim.

SO ORDERED.

Fernan, C.J., (Chairman), and Bidin, JJ., concur.

Feliciano, J., on leave.