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Valenton, Francis Angelo T.

Criminal Law 2

1S

People vs. Domingo (G.R. No. 143660)

Facts: The appellee is the People of the Philippines. The accused are Boy Domingo, Joel
Temporal (at large), Benedicto Pedro (at large), Heherson Rivera (at large), and Jessing Valdez
(at large). The appellant is Boy Domingo. In the case at bar, on October 23, 1993, the private
complainant Valentin Gabertan was lounging outside his house while his children were asleep.
Suddenly there were three men who entered their house while two other stayed outside. They
identify themselves as NPA members. They asked Valentin for money. He tried to ward off the
impending danger, but was outnumbered by the accused. The accused Joel pulled Valentins
wife outside the house and raped her. The other men raped her as well. The accused took with
them two chickens and nine turkeys. The trial court found the appellant guilty of the crime of
robbery with multiple rape.

Issue: Is the appellant guilty of the crime of robbery with multiple rape.

Held: The Supreme Court said that the accused is not liable for the crime of robbery with
multiple rape, rather robbery with rape. The Supreme Court said that all the elements are present.
These are: (1) personal property is taken with violence or intimidation against persons, (2) the
property taken belongs to another, (3) the taking is done with animo lucrandi, and (4) the robbery
is accompanied by rape.