FACTS:

Appellant Joseph Evangelio, along with three others, was charged with the crime of Robbery with Rape. The accused forcibly entered the house of BBB, armed with weapons, and took various personal properties belonging to the victims. During the robbery, appellant and the other accused raped a 17-year-old minor against her will and consent. Appellant pleaded not guilty. The prosecution presented evidence of the incident, stating that the accused barged into the house, tied the victims, and covered their eyes with masking tape. Appellant then raped the minor, resulting in her losing consciousness. The victims found her bleeding and injured when they were freed.

On October 3, 2001, BBB's wife arrived home and found unknown people inside the house. She was threatened at gunpoint and ran for help. When the police arrived, they found the house in disarray and valuables stolen. BBB arrived home later and was accosted by the accused, who tied him up and struck him on the head. Appellant was seen leaving the house carrying stolen items. Another victim was found in the maids' room with injuries suggestive of sexual assault. Appellant denied involvement, claiming to be asleep at the time. He was found guilty and sentenced to death, later reduced to reclusion perpetua. Appellant appealed, alleging trial court error in the appreciation of aggravating circumstances.

The prosecution presented credible witnesses, while appellant denied the charges and invoked alibi defense. The trial court gave weight to the testimony of the witnesses, considering affirmative testimony stronger than negative testimony. The defense of alibi was weak and unreliable as it failed to establish physical impossibility for appellant to be at the scene of the crime. The defense did not present witnesses or sworn statements to support appellant's claim of being at home with his family.

To be convicted of robbery with rape, four elements must concur. The prosecution successfully established that violence and intimidation were used to take the victims' property, and the robbery was accompanied by rape. The victims were tied, and the husband was struck on the head with a gun, causing bleeding.

ISSUES:

1. Whether the defense of alibi is valid in this case

2. Whether the elements of robbery with rape are present in this case

3. Whether there is sufficient circumstantial evidence to prove the appellant's guilt for rape

4. Whether the absence of fresh lacerations negates the commission of rape.

5. Whether the crime committed was robbery with rape.

6. Whether conspiracy was established among the perpetrators.

7. Whether the aggravating circumstances of nighttime and unlawful entry should be considered in the penalty.

8. Whether the aggravating circumstance of nighttime is present in the commission of the crime.

9. Whether the aggravating circumstance of unlawful entry is present in the case.

10. Whether the aggravating circumstances of band and dwelling are present in the case.

11. What is the imposable penalty for the appellant.

12. Whether the appellant is obliged to return the stolen items or to pay their value.

13. Whether the trial court's award of moral damages to the spouses BBB and CCC is proper.

14. Whether AAA is entitled to civil indemnification, moral damages, and exemplary damages.

15. Whether the award of actual and moral damages to Edelyn is proper.

16. Whether appellant Joseph Evangelio is guilty beyond reasonable doubt of robbery with rape.

17. Whether restitution of the stolen pieces of jewelry and valuables is still possible.

18. Whether appellant Joseph Evangelio should pay civil indemnity, moral damages, and exemplary damages to the victim.

19. Whether the case against the accused Edgar Evangelio and Atilano Agaton should be dismissed due to delay in prosecution.

RULING:

1. The defense of alibi is not valid in this case. The appellant's testimony that it was not physically impossible for him to be at the crime scene undermines his claim of alibi. Furthermore, the defense failed to present any witnesses or statements to substantiate the appellant's alibi.

2. The elements of robbery with rape are present in this case. The prosecution was able to establish that the appellant and his co-accused used violence and intimidation to take the victims' personal property. Intent to gain was also proven. Therefore, the first three elements of robbery with rape were clearly established.

3. There is sufficient circumstantial evidence to prove the appellant's guilt for rape. The combination of circumstances, such as the victim being taken to the comfort room, being stripped of her clothes and panty, being forced against the wall, losing consciousness, finding her shorts and panty strewn at her side, and experiencing pain and bleeding in her vagina, lead to the conclusion that the appellant raped the victim. Previous cases with similar circumstances have resulted in convictions for rape based on circumstantial evidence.

4. The absence of fresh lacerations does not negate the commission of rape. A freshly broken hymen is not an essential element of rape, and healed lacerations do not negate rape. The presence of healed hymenal lacerations the day after the victim was raped does not negate the commission of rape when the crime was proven by highly convincing circumstantial evidence.

5. The crime committed was robbery with rape. The original intent of the perpetrators was to rob the victims, and the rape of AAA occurred on the occasion of the robbery.

6. Conspiracy was established among the perpetrators. Conspiracy may be inferred from the acts of the accused before, during, or after the commission of the crime. Each conspirator may be assigned separate tasks that appear unrelated but, in fact, contribute to their common criminal objective. Once conspiracy is shown, the act of one is the act of all the conspirators. In this case, conspiracy was shown through the coordinated acts of the four armed men.

7. The aggravating circumstances of nighttime and unlawful entry cannot be considered as they were not expressly and specifically alleged in the Complaint or Information. It is required that qualifying and aggravating circumstances be alleged in the charging document for them to be considered in the penalty.

8. The aggravating circumstance of nighttime is not present as there is a lack of evidence that nighttime was purposely sought by the accused.

9. The aggravating circumstance of unlawful entry is not present as the accused freely entered the victims' residence through the open kitchen door.

10. The aggravating circumstances of band and dwelling are present in the case.

11. The imposable penalty for the appellant is death, but it is reduced to reclusion perpetua due to R.A. No. 9346 prohibiting the imposition of the death penalty.

12. The appellant is obliged to return the stolen items or pay their value to the spouses BBB and CCC.

13. The trial court's award of moral damages to the spouses BBB and CCC is not proper as there is no evidence of their moral sufferings resulting from the robbery.

14. AAA is entitled to civil indemnification, moral damages, and exemplary damages.

15. The award of actual and moral damages to Edelyn is deleted as she was not included as a complainant in the information and the appellant was not informed that he was being charged with robbery in relation to her.

16. The appellant Joseph Evangelio is found guilty beyond reasonable doubt of robbery with rape and is sentenced to suffer the penalty of Reclusion Perpetua without eligibility of parole.

17. Appellant Joseph Evangelio is ordered to return the stolen pieces of jewelry and valuables taken from the victims. If restitution is no longer possible, he shall pay the value of the stolen items.

18. Appellant Joseph Evangelio is directed to pay civil indemnity, moral damages, and exemplary damages to the victim.

19. The Office of the Court Administrator is directed to determine the status of the case against the accused Edgar Evangelio and Atilano Agaton. The office is also instructed to investigate the possible liability of the person(s) responsible for the delay in their prosecution.

PRINCIPLES:

• The defense of alibi fails when there is a chance for the accused to be present at the crime scene.

• Positive identification destroys the defense of alibi.

• In robbery with rape cases, the elements include the use of violence or intimidation, the taking of personal property, intent to gain, and the presence of rape.

• Circumstantial evidence is sufficient to sustain conviction if there is more than one circumstance, the facts are proven, and the combination of circumstances leads to a reasonable conclusion pointing to the accused.

• The absence of fresh lacerations does not negate the commission of rape.

• Healed lacerations do not negate rape.

• A medical examination and certificate are merely corroborative and not indispensable to the prosecution of a rape case.

• Robbery with rape requires the rape to be committed by reason or on the occasion of a robbery.

• Conspiracy may be inferred from the acts of the accused before, during, or after the commission of the crime.

• Once conspiracy is established, the act of one conspirator is the act of all.

• The aggravating circumstances must be expressly and specifically alleged in the charging document to be considered.

• The aggravating circumstance of nighttime requires evidence that nighttime was purposely sought by the accused.

• The aggravating circumstance of unlawful entry is not present if the accused freely enters the residence through an open door intended for ingress and egress.

• The aggravating circumstances of band and dwelling are present in a crime of robbery with violence and intimidation against persons.

• The imposable penalty for the commission of a crime with one aggravating circumstance is the greater penalty.

• The appellant is obliged to return stolen items or pay their value to the victims.

• Moral damages can only be awarded if there is proof of moral suffering, mental anguish, or similar injury suffered by the victim.

• A victim is entitled to civil indemnification, moral damages, and exemplary damages in cases of rape.

• The accused is entitled to be informed of the nature and cause of the accusation against him or her.

• The accused must be brought for arraignment and trial to ensure due process and the proper administration of justice.

• Restitution is a form of remedy that may include returning the stolen items or compensating for their value.

• Civil indemnity, moral damages, and exemplary damages may be awarded to the victim as forms of compensation.

• The delay in the prosecution of a case may lead to an investigation and possible dismissal of the case.