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Legal Writing Final Project

Ariane Kae A. Espina 1L

April 15, 2013

Maricar G. Jimenez Unit 8756 Condominium Towers E. Rodriguez Ave. Quezon City 1200 Dear Ms. Jimenez,

This refers to your query dated April 1, 2013. The facts, gathered from you and your documents are as follows: On February 22, 2012 at around 10:30 pm, you were on your home from a meeting with a client. The left rear tire of your black CRV with plate number XKY 232 blew out. You parked the car on the side road and surveyed the damage. The tire had exploded as if you run over something sharp. You were exactly located at a dimly lit area along C.P. Garcia in Quezon City. You asked for help from passers-by because there were hardly any cars in sight. So you went back inside your car, started calling a friend on your mobile and towing service of your car insurance. Three men suddenly appeared nowhere. One of them pointed a gun and told you to go down. Eventually, the guys took your Louis Vuitton Retiro PM Bag, Php 14,500.00 cash in your wallet, Identification cards, credit cards and your iphone. Your Macbook Pro was taken as well. They also took a gunpoint on your pair of diamond earrings and tennis bracelet. Afterward, the three men drag you to the grassy area. Then, you were hit by gun several times as you struggled to get free. Unfortunately, you were not strong enough to resist until they raped you with gun pointed. An old lady woke you up in and asked what happened. In the end, you found yourself in a hospital. The issue here is clear: It is whether or not the three men would be criminally liable for robbery with rape. First and foremost the criminal act committed by the three men is robbery with multiple rape as defined under Article 294 of the Revised Penal Code:

Robbery with rape 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 occasion thereof or as an accompanying crime. As for the nature of the three mens liability, the penalty of robbery with multiple rape pursuant to Article 295 paragraph 2 provides: The penalty of reclusion temporal in its medium period to reclusion perpetua when the robbery shall have been accompanied by rape or intentional mutilation, or if by reason or on occasion of such robbery, any of the physical injuries penalized in subdivision 1 of Article 263 shall have been inflicted; Provided, however, that when the robbery accompanied with rape is committed with a use of a deadly weapon or by two or more persons, the penalty shall be reclusion perpetua to death (As amended by PD No. 767) This means that when the three suspects were found to be guilty beyond reasonable doubt by the court, all of them will be put in jail for 14 years, 8 months and one day to 17 years and 4 months or more or less up to 40 years depending on the aggravating circumstances that will be considered by the judge. As I understood, you are in the midst of actions you need to file from the injury caused. My recommendation is to file a complaint against these three men for robbery with rape and to ask for moral damages which may include physical suffering, mental anguish, fright, serious anxiety, moral shock, besmirched reputation, wounded feelings, social humiliation and similar injury pursuant to Article 2217 of the Civil Code.

Other Laws and Jurisprudence that may apply: Article 8 of the Revised Penal Code There is conspiracy when two or more persons come to an agreement concerning a felony and decide to commit it. It may be inferred from the acts of the accused before, during and after the commission of the crime which, when taken together, would be enough to reveal a community of criminal design as a proof of conspiracy is frequently made by evidence of a chain circumstances. PEOPLE OF THE PHILIPPINES vs. EDDIE APAWAN & RUBEN SAUSE G.R. NO. 85329 August 16, 1994 We agree with the trial court's conclusion that accused-appellants are liable as co-conspirators considering these circumstances: (1) accused-appellants acted in unison and cooperated with each other during the robbery; (2) while Eddie was raping Fe, Ruben kept Seremia and Candelaria at bay, and he was nonchalant; and (3) accused-appellants left together and warned the three (3) women not to report the incident to the authorities. Since conspiracy had been established, all the conspirators are liable as co-principals regardless of the extent of their participation because in contemplation of law, the act of one is the act of all. Article 100 of the Revised Penal Code Every person criminally liable for a felony is also civilly liable. PEOPLE OF THE PHILIPPINES vs. DANTE CLIDORO and JOSEPH BARRA y MADERA G.R. No. 143004 April 9, 2003 The crime of Robbery with Rape is penalized under Article 294 of the Revised Penal Code, as amended by Section 9 of Republic Act No. 7659, to wit:

Art. 294. Robbery with violence against or intimidation of persons Penalties. Any person guilty of robbery with the use of violence against or intimidation of any person shall suffer: 1. The penalty of reclusion perpetua to death, when by reason or on occasion of the robbery, the crime of homicide shall have been committed, or when the robbery shall have been accompanied by rape or intentional mutilation or arson. Inasmuch as the law prescribes a penalty composed of two indivisible penalties, and considering that there are neither mitigating nor aggravating circumstances in the commission of the deed, the lesser penalty shall be applied, pursuant to Article 63, paragraph 2 of the Revised Penal Code. Hence, the trial court was correct in imposing on appellant the penalty of reclusion perpetua. On the matter of damages, we note that the trial court only awarded P50,000.00 as civil indemnity. In rape cases, a separate award of moral damages in the amount of P50,000.00 should be given without need of proof other than the fact of rape.22 The same is awarded to indemnify the young victim for the appalling and outrageous sexual violence which will most certainly haunt her for the rest of her life.

This recommendation is without reservation. If you have further questions feel free to contact and consult the undersigned.

Yours truly,

Ariane Kae Espina (sgd.) Attorney at-law