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3-F PP vs. Belmonte

The accused intruded a house armed with guns and a knife, stole belongings of visitors, and raped a maid. They were charged with robbery with rape. The trial court convicted three of the accused, including Marlon. On appeal, one was acquitted while convictions of Marvin and Marlon were affirmed. Only Marlon appealed to the Supreme Court. The Court ruled that the evidence proved beyond reasonable doubt that Marlon was guilty of robbery with rape. While Noel directly raped the maid, Marlon did not stop the rape despite an opportunity to do so. Under the law, all who take part in a robbery where a rape occurs can be convicted of robbery with rape.

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Shaine Aira Arellano
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273 views2 pages

3-F PP vs. Belmonte

The accused intruded a house armed with guns and a knife, stole belongings of visitors, and raped a maid. They were charged with robbery with rape. The trial court convicted three of the accused, including Marlon. On appeal, one was acquitted while convictions of Marvin and Marlon were affirmed. Only Marlon appealed to the Supreme Court. The Court ruled that the evidence proved beyond reasonable doubt that Marlon was guilty of robbery with rape. While Noel directly raped the maid, Marlon did not stop the rape despite an opportunity to do so. Under the law, all who take part in a robbery where a rape occurs can be convicted of robbery with rape.

Uploaded by

Shaine Aira Arellano
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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ARELLANO, SHAINE AIRA E.

JD-1

G.R. No. 220889 July 05, 2017


PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE
VS.
MARLON BELMONTE Y SUMAGIT, MARVIN BELMONTE Y SUMAGIT,
ENRILE GABAY Y DELA TORRE A.K.A "PUNO", AND NOEL BAAC Y
BERGULA, ACCUSED

MARLON BELMONTE Y SUMAGIT, ACCUSED-APPELLANT

FACTS:

The accused intruded the house of the spouses dela Cruz


armed with guns and knife and took the personal belongings of their
visitors and other properties. Meanwhile, accused Noel went to the
room of the maids, ordered AAA to remove her pants, and
consequently raped her with the presence of the accused-appellant
Marvin. And thus, they were charged of the crime Robbery with
Rape.

RTC convicted accused-appellant, Marvin, and Enrile of the


crime charged. On appeal, the Ca modified the trial court’s
decision: 1) Enrile was acquitted; 2) Marvin was found guilty beyond
reasonable doubt; and 3) the conviction of Marlon was affirmed,
without eligibility for parole.

Only accused-appellant appealed to the Supreme Court for


Review.

ISSUE:

Whether or not, accused-appellant’s guilt was proven beyond


reasonable doubt.

RULING OF THE COURT:

The crime of Robbery with Rape is penalized under Article 294


of the Revised Penal Code (RPC), as amended by Section 9 of
Republic Act No. 7659. Robbery with Rape is a special complex
crime under Article 294 of the RPC. It contemplates a situation
where the original intent of the accused was to take, with intent to
gain, personal property belonging to another and rape is committed
on the occasion thereof or as an accompanying crime.
For a conviction of the crime of robbery with rape to stand, it
must be shown that the rape was committed by reason or on the
occasion of a robbery and not the other way around.
ARELLANO, SHAINE AIRA E. JD-1

The evidence established with certainty that robbery was


indeed committed when the perpetrators seized the belongings of
the persons inside the house with intent to gain. The evidence
further show that, on the occasion of the robbery, AAA was raped
and the accused-appellant was positively identified as Noel’s
companion inside the room were the rape was done. While the
evidence directly points to Noel as AAA's rapist, accused appellant
did not prevent him from committing the lustful act despite an
opportunity to do so.

The rule in this jurisdiction is that whenever a rape is


committed as a consequence, or on the occasion of a robbery, all
those who took part therein are liable as principals of the crime of
robbery with rape, although not all of them took part in the rape.

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