8. GARCES VS.

PEOPLE OF THE PHILIPPINES

FACTS:

That on or about the 2nd day of August, 1992, in the evening, at x x x, Province of Abra, the
accused, conspiring, confederating and mutually helping one another, with criminal and carnal
intent, with lewd design and by means of force, accused Rosendo Pacursa, did, then and there,
willfully, unlawfully and feloniously, after covering her mouth, forcibly abduct, pull and take
away one AAA while walking to the church to the tobacco flue-curing barn and while inside the
barn lie and succeeded in having sexual intercourse and carnal knowledge of the offended
party; that accused Ernesto Garces later on covered the mouth of AAA and take her out of the
barn; that accused Senando Garces, Antonio Pira, Jr. and Aurelio Pira stand guard outside the
barn while Rosendo Pacursa is raping AAA; to the damage and prejudice of the offended party.

Pacursa and Garces were found guilty of the crime of Forcible Abduction With Rape. The other
accused were acquitted as accessory for the crime of Forcible Abduction With Rape.

Pacursa the principal accused is sentenced to one degree lower than that prescribed by law for
the offense, for being 16 years old. Taking into consideration the aggravating circumstances of
uninhabited place and nighttime, he is sentenced to suffer an indeterminate penalty of 11 years
of prision mayor as minimum to 18 years of reclusion temporal as maximum. Garces, being an
accessory to the commission of the crime is penalized two degrees lower than that prescribed by
law for the offense. Accordingly, he is sentenced to suffer an indeterminate penalty of 4 years of
prision correccional as minimum to 8 years of prision mayor as maximum. Both accused are
jointly and solidarily liable to pay the victim the amount of ₱50,000.00 as and by way of actual
and moral damages plus the cost of this suit.

ISSUE:

Whether or not Garces should be convicted as an accessory to the crime?

HELD:

No. The facts show that petitioner participated in the commission of the crime even before
complainant was raped. He was present when Pacursa abducted complainant and when he
brought her to the barn. He positioned himself outside the barn together with the other accused
as a lookout. When he heard the shouts of people looking for complainant, he entered the barn
and took complainant away from Pacursa.

Having known of the criminal design and thereafter acting as a lookout, petitioner is liable as an
accomplice, there being insufficient evidence to prove conspiracy, and not merely as an
accessory. As defined in the Revised Penal Code, accomplices are those who, not being included
in Article 17, cooperate in the execution of the offense by previous or simultaneous acts. The
two elements necessary to hold petitioner liable as an accomplice are present: (1) community of
criminal design, that is, knowing the criminal design of the principal by direct participation, he
concurs with the latter in his purpose; and (2) performance of previous or simultaneous acts
that are not indispensable to the commission of the crime.

The crime committed is simple rape, the penalty for which is reclusion perpetua.  Since Pacursa
was a minor, the penalty must be reduced by one degree, to reclusion temporal. Applying the
Indeterminate Sentence Law and in the absence of aggravating and mitigating circumstances,
the maximum of the penalty shall be within the medium range of reclusion temporal, or fourteen
(14) years, eight (8) months and one (1) day to seventeen (17) years and four (4) months. The
minimum of the indeterminate penalty shall be within the range of the penalty next lower in
degree, which is prision mayor, ranging from six (6) years and one (1) day to twelve (12) years.

With respect to petitioner, the penalty imposed upon accomplices in a consummated crime is
the penalty next lower in degree than that prescribed for the felony. Since simple rape is
punishable with reclusion perpetua, the penalty of reclusion temporal should also be imposed
on petitioner in its medium period in the absence of any aggravating or mitigating
circumstances. Applying the Indeterminate Sentence Law, the imposable penalty should range
from prision mayor, as minimum, to reclusion temporal  in its medium period, as maximum.

Consistent with prevailing jurisprudence, the complainant in rape cases is entitled to an award
of ₱50,000.00 as civil indemnity ex delicto and another ₱50,000.00 as moral damages.

Civil indemnity ex delicto is mandatory upon finding of the fact of rape which is distinct from
moral damages awarded upon such finding without need of further proof because it is assumed
that a rape victim has actually suffered moral injuries entitling the victim to such award.

In determining the civil liability of petitioner, a clarification of the trial court’s decision is
necessary. The court held Pacursa and petitioner "jointly and solidarily liable to pay the victim
the amount of ₱50,000.00..." We shall treat the amount of ₱50,000.00 as the civil indemnity ex
delicto for which, as an accomplice, petitioner should be solidarily liable with Pacursa only for
one-half of the said amount, or ₱25,000.00, and is subsidiarily liable for the other ₱25,000.00 in
case the principal is found insolvent.

In addition, another ₱50,000.00 must be awarded as moral damages. But, this should not apply
to Pacursa who has withdrawn his appeal. Hence, the additional monetary award can only be
imposed upon petitioner who pursued the present appeal.

Pacursa is found GUILTY beyond reasonable doubt of the crime of RAPE, and being a minor at
the time the crime was committed, is sentenced to suffer an indeterminate penalty ranging from
eight (8) years and one (1) day of prision mayor, as minimum, to 15 years of reclusion temporal, as
maximum. Petitioner Garces is found guilty as an accomplice to the crime of rape, and is also
sentenced to suffer an indeterminate penalty ranging from eight (8) years and one (1) day
of prision mayor, as minimum, to 15 years of reclusion temporal, as maximum.

Pacursa and Petitioner Garces are ORDERED to pay complainant ₱50,000.00 as civil indemnity
ex delicto. Being an accomplice, petitioner is held solidarily liable with the principal only for
half of the amount or ₱25,000.00 and their subsidiary liability shall be enforced in accordance
with Article 110 of the Revised Penal Code. Petitioner is likewise ordered to pay complainant
₱50,000.00 as moral damages.