327 Cases Penned by Associate Justice Amy Lazaro-Javier: 2025 Bar Examination
Can a victim's positive identification of her assailant
be considered reliable and sufficient to establish guilt beyond reasonable
doubt in a robbery with rape case, even without a police line-up and despite
alleged poor lighting conditions at the crime scene?
.png "CASE TITLE: People of the Philippines v. Denel Yumol y Timpug, G.R. NO.: 225600, DATE OF PROMULGATION: July 7, 2020")
CASE TITLE: People of the Philippines v. Denel Yumol y Timpug, G.R. NO.: 225600, DATE OF PROMULGATION: July 7, 2020
FACTS OF THE CASE
On October 21, 2006, at around midnight, 16-year-old AAA was
walking home from a mini concert in Olongapo City when appellant Denel Yumol
suddenly approached her from behind, poked a gun at her back, and declared a
hold-up. Yumol took her Nokia 3350 mobile phone worth P3,550.00, then forced
her at gunpoint to go to a nearby children's park.
At the park, Yumol ordered AAA to sit on the stairs and
began kissing her and touching her breast. When she resisted, he threatened to
shoot her. He then forced her to undress in the grassy area of the park and
ordered her to mount him while he inserted his penis into her vagina. He
compelled her to perform oral sex on him while threatening her with the gun,
then forced her to mount him again. Throughout the ordeal, Yumol constantly
threatened to kill her if she resisted.
After satisfying his lust, Yumol took AAA's remaining
fifty-peso bill and SIM card, then ordered her to walk to a nearby school. He
threatened to shoot her if she looked back. Upon reaching home, AAA immediately
reported the incident to her parents, who then reported it to barangay
officials and police authorities.
The police conducted a follow-up investigation, and AAA
identified Yumol from photographs shown to her. Using AAA's description of the
assailant (fat, semi-bald, with a shorter left hand), police located Yumol.
When presented to AAA, she immediately identified him as her attacker,
recognizing his voice and the same pants he wore during the assault. Police
noticed several abrasions on Yumol's body consistent with a struggle.
Dr. Rolando Marfel Ortiz's medical examination of AAA
revealed injuries on her arms, knees, and legs indicating struggle, as well as
hymenal lacerations consistent with forceful penetration.
LOWER COURT DECISIONS:
The Regional Trial Court of Olongapo City, Branch 73, found
Yumol guilty beyond reasonable doubt of robbery with rape under Article 294 of
the Revised Penal Code, sentencing him to reclusion perpetua without
eligibility for parole. The court ordered him to pay P100,000.00 each for civil
indemnity, moral damages, and exemplary damages, plus restitution of the stolen
items.
The Court of Appeals affirmed the RTC decision with
modification, imposing 6% annual interest on all damages awarded from finality
of judgment until full payment.
ISSUE BEFORE THE SUPREME COURT
Whether the Court of Appeals erred in affirming
appellant's conviction for robbery with rape despite alleged failure to
establish his identity with absolute certainty and the absence of a police
line-up.
DECISION OF THE SUPREME COURT
The Supreme Court AFFIRMED the conviction. The Court
ruled that all elements of robbery with rape were established beyond reasonable
doubt:
- Taking
with violence/intimidation - Yumol used a gun to threaten AAA and take
her property
- Property
of another - The mobile phone, money, and SIM card belonged to AAA
- Intent
to gain - Presumed from unlawful taking
- Rape
on occasion of robbery - Clearly established through AAA's testimony
and medical evidence
The Court rejected Yumol's arguments regarding identity,
holding that:
- No law
requires a police line-up for proper identification
- AAA
had multiple opportunities to observe her assailant during the prolonged
assault
- Her
identification was spontaneous, independent, and consistent
- The
victim's credible testimony prevails over the accused's denial and alibi
DISPOSITIVE PORTION
"WHEREFORE, the appeal is DENIED. The
Decision of the Court of Appeals dated July 31, 2015 in CA-G.R. CR-HC No. 05810
is AFFIRMED. Appellant DENEL YUMOL y TIMPUG is found GUILTY
of robbery with rape and sentenced to reclusion perpetua without eligibility
for parole.
Appellant DENEL YUMOL y TIMPUG is ORDERED TO
RETURN to AAA the amount of P50.00 and the mobile phone or its value
(P3,550.00), where restitution is no longer possible. He is further DIRECTED
TO PAY AAA the amounts of P100,000.00 as civil indemnity, P100,000.00 as
moral damages, and P100,000.00 as exemplary damages. Interest at the rate
of six percent (6%) per annum is imposed on all the damages awarded in this
case from the date of the finality of this Decision until fully paid.
SO ORDERED."
In an era of advanced forensic technology and DNA evidence,
should courts continue to rely heavily on eyewitness identification in violent
crimes, especially when the identification occurs under traumatic circumstances
and poor lighting conditions? What safeguards should be implemented to
prevent wrongful convictions while ensuring justice for victims?
IMPORTANT DOCTRINES
1. Elements of Robbery with Rape
"Robbery with Rape is a special complex crime that
contemplates a situation where the accused's original intent was to take, with
intent to gain, personal property belonging to another and rape is committed on
the occasion thereof or as an accompanying crime."
Explanation: This establishes the four essential
elements that must be proven: (1) taking with violence/intimidation, (2)
property of another, (3) intent to gain, and (4) rape accompanying the robbery.
2. Presumption of Intent to Gain
"Intent to gain, or animus lucrandi, as an element
of the crime of robbery, is an internal act, hence, presumed from the unlawful
taking of things."
Explanation: The prosecution need not prove specific
intent to gain; it is automatically presumed when unlawful taking is
established.
3. Reliability of Victim Identification
"The natural reaction of victims of criminal
violence is to strive to see the appearance of their assailants and observe the
manner the crime was committed. Precisely because of the unusual acts of
violence committed right before their eyes, eyewitnesses and victims can
remember with a high degree of reliability the identity of criminals at any
given time."
Explanation: Courts recognize that trauma can
actually enhance a victim's ability to remember and identify their attacker.
4. No Requirement for Police Line-up
"There is no law requiring a police line-up as
essential to proper identification. Even without a police line-up, there could
still be proper identification as long as the police did not suggest such
identification to the witness."
Explanation: Police line-ups, while helpful, are not
mandatory for valid identification in criminal cases.
5. Credibility of Rape Victims
"When a rape victim's straightforward and truthful
testimony conforms with the medical findings of the examining doctor, the same
is sufficient to support a conviction for rape."
Explanation: Consistent testimony corroborated by
medical evidence establishes a strong foundation for conviction.
6. Weakness of Denial and Alibi
"Denial and alibi are the weakest of all defenses -
easy to contrive but difficult to disprove. As between a credible and positive
identification against bare denial and alibi, the former indubitably
prevails."
Explanation: Positive identification by credible
witnesses will always prevail over uncorroborated denials and alibis.
CLASSIFICATION: Criminal Law
From <https://claude.ai/chat/cf320ff4-c90f-4564-9086-fa50b3c3b3a6>
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