Case Name People v.

Alfanta

Petitioner: PEOPLE OF THE PHILIPPINES, plaintiff-appellee

Respondent: ROLANDO ALFANTA y ALO, accused-appellant

Topic Aggravating Circumstance - Ignominy

Case No. | Date G.R. No. 125633. December 9, 1999

Ponente VITUG, J

Summary Nita Fernandez, while sleeping in her friend’s house was physical assaulted
and threatened by Rolando Alfanto y Alo. Continually threatened by a bolo,
she obeyed all of his demands as was asked to go to a vacant house, undress,
and separate her legs. After inserting his penis to her vagina, she was told to
lie face down then Rolando inserted his penis into her anus. After which she
was told to turn around face up, then he inserted his fingers in and out into
her private part. All of these acts hurt her.

After the abuse and as Rolando was asleep, Nita suddenly got the knife from
Rolando’s waist and stabbed him on his chest but the knife broke so she
grabbed the bolo and hacked him several times. After the hacking, she
surrendered to the soldiers and Rolando was then brought by the soldiers to
the hospital. Rolando’s main contention was that he and Nita were
sweethearts and he was surprised that she hacked him.

RTC did not accept the claim that Nita and Rolando were sweethearts and
convicted Rolando of rape with aggravating circumstance of nighttime and
ignominy. He appealed to the SC contending that the RTC erred in convicting
him of rape and in taking into consideration the aggravating circumstances of
nighttime and ignominy.

Doctrine The means employed by the accused in raping the victim add ignominy to
the natural effects of the crime of rape

Provisions [Main] Art. 14 (17), RPC. Aggravating circumstances. - The following are aggravating
circumstances:
17. That means be employed or circumstances brought about which add ignominy to
the natural effects of the act.

[Minor]
Art. 14 (6), RPC. That the crime be committed in the night time, or in an uninhabited
place, or by a band, whenever such circumstances may facilitate the commission of the
offense.

Art. 335, RPC. When and how rape is committed. - Rape is committed by having carnal
knowledge of a woman under any of the following circumstances:
1. By using force or intimidation;
2. When the woman is deprived of reason or otherwise unconscious; and
3. When the woman is under twelve years of age, even though neither of the
circumstances mentioned in the two next preceding paragraphs shall be present.

The crime of rape shall be punished by reclusion perpetua.

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.

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Facts Prosecution version
● 26 Aug 1995: At 6:30PM, Nita Fernandez (occupation: house-maid) arrived
at her friend, Patrick’s house at AFOVAI Fort Bonifacio, Makati City
because she brough mongo and she and Patrick’s wife, Inday, were
friends
● At around 7PM, while seating by the window, Nita saw Rolando (accused)
passed by in front of Patrick’s house although Nita did not know him at
that time
● Since it was already late at night, she was told to sleep in Patrick’s house
instead of going back to her place at work at Valle Verde, Pasig. She slept
in the sala, while Inday and her son were in a room. The door of the house
was closed, but was not locked
○ It was not locked because they are confident
● At around 12MN while Nita was asleep, Rolando entered Patrick’s house.
Rolando pulled Nita, boxed her left jaw, placed his hand on her mouth,
and threatened her that he will kill her if she will not obey him
● Rolando then forced Nita to climb a fence while holding a bolo and
instructed her to go to a vacant house which she followed as instructed
because of fear
● At the vacant house (owned by Captain Pascua), while still being
threatened with a bolo, she was told to undress. After which Rolando
embraced and kissed her, told her to lie down and separate her legs then
he inserted his penis into her vagina
● After inserting his penis to her vagina, she was told to lie face down then
Rolando inserted his penis into her anus
● After inserting his penis into her anus, she was told to turn around face
up, Rolando then inserted his fingers in and out into her private part. All of
these acts hurt her.
● All the time Rolando was inserting his penis and fingers into her private
part and into her anus, she was shouting: 'tulungan po ninyo ako,' but
nobody responded
● After Rolando finished inserting his fingers in and out of her private part,
she was told to go near him and lie beside him, and not to dress up as he
was going to take a rest and at the same time telling her not to tell what
happened to others
○ He threatened her by saying that “lahat ng nirape ko ay pinatay
ko dahil sa ayokong may magsumbong”
● When Rolando was already asleep, she suddenly got the knife at waist of
the Rolando and stabbed him on his chest but the knife broke so she
grabbed the bolo and hacked him several times
● Thereafter, she put on her dress, got hold of the bolo and ran to the signal
office of soldiers, told them that she killed a man, and surrendered the
bolo
● The soldiers went to the place where she was raped, saw Rolando lying
down still alive so he was brought to the hospital
● Nita executed an affidavit and narrated hat happened to her to the police,
and was brought to the NBI Medico-Legal Officer for examination
● Dr. Noel Minay, Medico-Legal Officer of the NBI testified that upon
physical examination he found the following on Nita:
○ mark swelling on the left lower left jaw or on the mandibular area
left potion
○ the labia majora and minora gaping, similar to the appearance of
a woman who had just given birth or normal appearance as a
result of several sexual intercourses

Defense version
● Rolando and Nita became sweethears in February 1995 but they only
meet during Nita’s day off since she was working at Valle Verde

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 ● 26 Aug 1995: Along with 15 others, Rolando (occupation: mason) was
fixing the fence of the house of Gen. Renato Icarma in AFOVAI Village
when somebody told him has his wife was waiting for him in the house of
Captain Pascua
● At 10PM he went to Captain Pascua’s house and when the door opened,
he saw Nita, his live-in partner for almost a year, in an angry mood
because she has been waiting for him for so long
● Rolando explained and asked her to talk outside. After half house talking,
he invited Nita to sleep. He and Nita went to a vacant house, owned by a
Colonel by climbing a fence but since the house was closed, they slept in
the terrace instead. He was carrying a banig, pillow, and blanket, and did
not notice Nita carrying a knife.
● While he was sleeping, Nita hacked him with a kitchen knife and he just
said “aray” The bolo was not used in hacking him.
● Rolando said that Nita stabbed him because he hurt Nita by holding
Nita’s hand and pushing her on the her chest when Nita insisted in
leaving for Valle Verde
● He was surprised why Nita hacked him and believes that Nita concocted
the rape story because of fear that he will file a case against her for
hacking him

RTC
● The RTC finds Rolando Alfanta y Alo guilty beyond reasonable doubt of
the crime of rape with aggravating circumstance of nighttime and
ignominy
○ RTC did not accept the claim that Nita and Rolando were
sweethearts since if it were true, she would not show anger the
way she did and hacked him several times. There was also no
documentary evidence to support Rolando’s “sweetheart theory”
● Rolando, in his appeal, contends that:
○ RTC erred in finding and convicting him of rape
○ RTC erred in taking into consideration the aggravating
circumstances of nighttime and ignominy

Issue Ratio

Issue 1: W/N the YES. The means employed by the accused in raping the victim add ignominy to
aggravating the natural effects of the act as it adds disgrace and obloguy to the material injury
circumstance of caused by the crime of rape.
ignominy should ● Nita testified that after Rolando inserted his penis into her vagina, he
be appreciated in ordered her to lie face down and while in that position had his penis into
this case? her anus. Thereafter, he ordered her to lie down again and this time
inserted his finger inside her.
○ The means employed by Rolando in the crime make the effects of
rape more humiliating for the victim

Issue 2: W/N the YES. Nighttime is appreciated as an aggravating circumstance because it is

aggravating specially sought by the offender, or is specially taken advantage of by him
circumstance of ● Rolando has specially taken advantage of the cover of darkness to
nighttime should facilitate the commission of the crime without being recognized.
be appreciated in Moreover, he has taken advantage of the silence and darkness of the night
this case? to ensure impunity from his illegal act

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Issue 3: W/N the NO. The use of a deadly weapon could not be considered as an aggravating
qualifying circumstance in the crime of rape for not having been correspondingly alleged in
circumstance of the information as to make the offense fall under “qualified rape”
use of a deadly ● Under Art. 335, RPC, “whenever the crime of rape is committed with the
weapon should be use of a deadly weapon or by two or more persons, the penalty shall be
appreciated in this reclusion perpetua to death.”
case? ● In this case, the use of a deadly weapon was not properly pleaded in the
indictment on which he was arraigned

Disposition WHEREFORE, the decision of the trial court finding accused-appellant Rolando
Alfanta guilty beyond reasonable doubt of the crime of rape is AFFIRMED WITH
MODIFICATION by hereby lowering the penalty therein imposed from death to
reclusion perpetua. An award of P50,000.00 for moral damages is likewise ordered
to be paid by accused-appellant Rolando Alfanta to the victim Nita Hernandez in
addition to the sum of P50,000.00 by way of indemnity ex delictu granted by the
trial court.