PRESENCE OF BOTH CIRCUMSTANCES- “USE OF A DEADLY WEAPON” AND
“TWO OR MORE PERSONS”- IN QUALIFIED RAPE DID NOT CONSIDER THE
OTHER AS GENERIC AGGRAVATING CIRCUMSTANCE
People v. Arguta and Cahipe
G.R. No. 213216; April 20, 2015 PERLAS-BERNABE, J. FACTS: This Petition for Review on Certiorari challenges the decision of the CA affirming the decision of the RTC which convicted accused-appellants, Ricky Arguta and Wilson Cahipe, of one (1) count of rape, defined and penalized under the Revised Penal Code (RPC). Sometime in December 1996, AAA was on her way home when the accused-appellants threatened her with a bladed weapon and allegedly, thereafter, raped her on a certain cottage. Arguta was the one who first raped the victim and afterwards, Cahipe took over and raped her. They left AAA at the cottage. An hour later, Cahipe dragged the victim to another place and raped her again. AAA was returned to the cottage after this instance. The next day, AAA’s father found her at the cottage. Two (2) criminal informations were filed before the RTC charging Cahipe with two (2) counts of rape, and Arguta of one (1) count of the same crime. The accused- appellants both denied the accusations and offered their alibis. The RTC found them guilty beyond reasonable doubt of the crime of simple rape. However, Cahipe was not convicted on the other charge of rape due to insufficiency of evidence. The CA affirmed their conviction with modification as to the damages. Aggrieved, accused-appellants filed the instant appeal. ISSUE: In qualified rape, if the circumstances of “use of a deadly weapon” and “two or more persons” are present, is one of them considered as a generic aggravating circumstance? HELD: No. In the case of People v. Lamberte, the Court held that the presence of either circumstance - "use of a deadly weapon" or "by two or more persons" - qualifies the crime of Rape. If one is present, the remaining circumstance, if also attendant, is not a generic aggravating circumstance. In this case, the Court deems it appropriate to modify accused-appellants’ conviction from Simple Rape to Qualified Rape as the rape occurred during the effectivity of the old rape provision of the RPC which provides that “xxx Whenever the crime of rape is committed with the use of a deadly weapon or by two or more persons, the penalty shall be reclusion perpetua to death”. Hence, qualifying the crime of rape. Considering that the crime was committed by two (2) persons, the accused-appellants herein, with the use of a bladed weapon, it is only appropriate to increase their conviction from Simple Rape to Qualified Rape. Furthermore, when the two circumstances are present, there is no legal basis to consider the remaining circumstance as a generic aggravating circumstance for either is not considered as such under Article 14 of the Revised Penal Code enumerating what are aggravating circumstances. Therefore, if the circumstances of “use of a deadly weapon” and “two or more persons” are both present, there is no need to appreciate the first as a qualifying circumstance and the second as a generic circumstance.