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THIRD DIVISION [G.R. No. 132329. December 17, 1999] PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. CONSTANCIO MERINO and ARNULFO SIERVO, accused-appellants. D E C I S I O N PANGANIBAN, J.: In affirming the conviction of herein appellants, we reiterate these well-settled principles: a) the trial court’s assessment of the credibility of witnesses is generally accorded great respect on appeal; b) in a conspiracy, the act of one is the act of all; and c) nocturnity, to be appreciated as an aggravating circumstance, must have purposely been sought to facilitate the commission of the crime or to prevent recognition of the perpetrator. The Case Constancio Merino and Arnulfo Siervo appeal the February 18, 1997 Decision[1] of the Regional Trial Court (RTC) of Quezon City (Branch 215) in Criminal Case No. Q-94-55419, which convicted them of robbery with rape and sentenced them to reclusion perpetua. On March 9, 1994, an Information[2] was filed by Assistant Prosecutor Enrico P. Bringas charging Siervo and Merino as follows: “That on or about the 13th day of February, 1993, in Quezon City, Philippines, the above-named accused, conspiring together, confederating with and mutually helping other persons whose true names, identities and whereabouts have not as yet been ascertained, with intent to gain and by means of violence and/or intimidation upon persons, did, then and there, willfully, unlawfully and feloniously rob the residence of one ERNESTO D. PAGADUAN located at Block 212 Lot 10, Phase III, North Fairview, this City, in the manner as follows: on the date and in the place aforementioned, the said accused, pursuant to their conspiracy, armed with handguns and bladed weapons, poked a gun at said Ernesto D. Pagaduan who was about to enter his residence and forcibly entered said residence and once inside, accused hog-tied all the members of his family and thereafter, took, robbed and carried away assorted valuables amounting to P 300,000.00 Philippine Currency; that on the occasion of said robbery, accused with lewd designs and by means of force, violence and intimidation and at the point of bladed instruments, did, then and there, willfully, unlawfully and feloniously had carnal knowledge upon the persons of JEHAN PAGADUAN and JACQUELINE PAGADUAN, 16 and 15 years of age, respectively both minors, all done against their will and without their consent, to the damage and prejudice of the said offended parties.” When arraigned on April 4, 1994, appellants, with the assistance of counsel,[3] entered a plea of not guilty. Trial ensued. On August 8, 1994, upon discovery that another case on the same incident was pending before another judge, the trial court issued an Order enjoining the defense to file the necessary motion.[4] However, no such motion was submitted. Instead, Siervo’s counsel filed a Demurrer to Evidence[5] with leave of court,[6] which was denied in a Resolution dated June 6, 1995.[7] Subsequently, both appellants proceeded to present their respective sets of evidence. Thereafter, the lower court rendered its assailed Decision,[8] the dispositive part of which reads: “Upon the evidence, the Court finds the accused Arnulfo Siervo and Constancio Merino guilty as charged, the prosecution having proven their guilt beyond reasonable doubt. “Considering that the crime was committed during nighttime, the accused taking advantage of the darkness for the more successful consummation of their plan to prevent their being recognized so that the crime may be perpetrated unmolested so that they could escape more thoroughly as what actually happened in this case, both accused are sentenced to suffer the penalty of reclusion perpetua in accordance with Article 294, paragraph 2 of the Revised Penal Code. “The two (2) accused are jointly and severally ordered to pay Jehan Pagaduan and Jacqueline Pagaduan the sum of Two Hundred Fifty Thousand Pesos (P250,000.00) each as and for civil damages. Likewise, both accused are ordered to pay the private complainants the sum of Twenty Thousand Pesos (P20,000.00) each as and for civil damages and to indemnify Ernesto Pagaduan Three Hundred Thousand Pesos (P300,000.00) for the personal properties taken by the accused during the incident.”[9] (citations omitted) Siervo filed a Notice of Appeal[10] and an Appellant’s Brief. Although Merino did not file any notice of appeal, he subsequently submitted a Brief. In the interest of substantial justice,[11] we will review the case and resolve the arguments raised by both appellants.[12] The Facts Prosecution’s Version In the Consolidated Appellee’s Brief,[13] the Office of the Solicitor General narrates the facts, as viewed by the prosecution, in this wise: “Around 7:00 in the evening of February 13, 1993, the Pagaduans, namely: Lydia, Jacqueline, Vanessa and their grandparents, were having dinner at their residence at Blk. 212, Lot 10, Phase 8, North Fairview Subd., Quezon City. Not long after, Ernesto Pagaduan and Ian Pagaduan arrived in separate cars. Faustino Pagaduan opened the gate. Ian, who was with Mark Pagaduan and Jehan Pagaduan, a cousin and visitor of the Pagaduans, drove through the gate and parked his car in the garage. Ernesto Pagaduan followed. Right after parking their cars, six (6) men, two (2) of whom were identified later as appellants Arnulfo Siervo and Constancio Merino, alias ‘Kuta’, barged into the premises. While Merino covered his nose and mouth with a handkerchief, the rest of the armed men did not hide their faces. Siervo ordered them to get out of their cars. Then appellants poked their guns and knives at them. The armed men entered the house through the kitchen. Once inside, Siervo announced a hold-up. They ordered the Pagaduans to lie on the floor face down. Because grandfather Faustino resisted, he was mauled and hit on the head with the butt of a gun. Mark Pagaduan shouted at the armed intruders telling them to stop beating his grandfather. A hysterical Jacqueline was slapped on the face by one of the armed men causing her to fall on the floor. The armed men then herded their terrified hostages to the sala. “In the sala, the armed men tied the Pagaduans with extension cords and told them to surrender their jewelry. Ernesto and Lydia were brought inside a room where they were hogtied and forced to lie on the floor face down. From time to time the malefactors kicked Ernesto, stepped on him and poked their guns at the Pagaduans. Siervo forced Lydia to tell him where she kept their jewelry. When she refused, Siervo and the rest of the gang ransacked the house. One of the men asked Jacqueline to accompany him to where the jewelry were kept. Not satisfied with the jewelry he had already scooped up, the armed man kept asking where he could get some more. “A little later, Siervo brought Jehan to the master’s bedroom. Siervo told Jehan to undress. Because Siervo poked a fan knife on her chest, Jehan unwillingly obliged. Siervo then raped Jehan. After a while, Merino entered the room and said, ‘bilisan mo, baka may dumating na tao’. “Back at the sala, which had a concrete divider, Jacqueline was accosted by one of the armed men whom she did not recognize and who asked her to switch off the light. Terrified, Jacqueline meekly obeyed. The man ordered Jacqueline to undress and lie down on the sofa. He started kissing Jacqueline, touched her breasts and asked her to spread her thighs. He kissed her private parts. Then, he raped her. When he was through, the man ordered Jacqueline to dress up. All this time, the man was armed with a knife. Another armed man whom Jacqueline failed to recognize and identify came. The first man told him ‘pare, baka gusto mo rin s’yang tikman.’ The man sat beside Jacqueline, kissed her, ordered her to undress and spread her thighs. Not contented, he ordered Jacqueline to spread them some more threatening to kill her if she refused. As the man could not insert his organ, he ordered Jacqueline to do it for him but she refused. Finally, he succeeded in raping Jacqueline. Thereafter, he ordered her to dress up and join her relatives. She was hogtied again. “The armed men took with them money, appliances, perfumes, bottles of liquor, jewelry and clothes of the Pagaduans having a total value of about P300,000.00. Merino left a warning that no one should get out of the house because they had planted a bomb there. At that time, Merino’s face was uncovered. After the robbers left, Lydia, who was able to free herself, untied the others. They asked help from their neighbors. They then proceeded to Station 5 in Lagro to report the incident. Later, they filed a complaint with the NBI. “On February 16, 1993, Jacqueline and Jehan were examined by Dr. Florante Baltazar, Medico-Legal Officer and Chief of the PNP-Crime Laboratory, CPD 4, Quezon City. The Medico-Legal Reports which Dr. Baltazar issued on |
