G.R. No. 186417: July 27 2011: 670 Phil. 397
Offense Involved: Kidnapping and illegal detention with Rape
FACTS: On or on about midnight of December 2, 2000, AAA was dancing with her elder sister, BBB in the plaza. AAA went out of the dancing hall to buy candies in a nearby store. While making her way back through the crowd, a man grabbed her hand, his arm wrapped her shoulders, with a knife’s point thrust at her right side. Mirandilla held AAA in detention for thirty-nine (39) days in separate cells situated in the city. He carnally abused her while holding a gun and/or a knife for twenty-seven (27) times, employing force and intimidation. At least once, Mirandilla put his penis in AAA’s mouth against her will while employing intimidation, threats, and force. AAA was able to escape one afternoon. She was able to reach the house of one Evelyn Guevarra who brought her to the police station on January 11, 2001. Guevarra bathed AAA and the police gave AAA food. When the police presented to her pictures of suspected criminals, she recognized Mirandilla’s face. Mirandilla was charged before the RTC of Legazpi City with kidnapping with rape, four counts of rape, and rape through sexual assault. Mirandilla denied the charges against him. He insisted that he and AAA were live-in partners and that their sexual encounters were consensual. The RTC convicted him of the offenses charged. The CA affirmed with modification the RTC ruling convicting Mirandilla. It found him guilty of the special complex crime of kidnapping with rape (instead of kidnapping as ruled by the RTC), four counts of rape, and one count of rape by sexual assault. Mirandilla appealed.
- Whether or not the Court of Appeals properly convicted Mirandilla of the special complex crime of kidnapping with rape, four counts of rape, and one count of rape by sexual assault?
- No. The Court of Appeals did not properly convicted Mirandilla The proper offense is special complex crime of kidnapping and illegal detention with rape. AAA was able to prove each element of rape committed under Article 266-A, par. 1(a) of the Revised Penal Code, that (1) Mirandilla had carnal knowledge of her, (2) through force, threat, or intimidation. She was also able to prove each element of rape by sexual assault under Article 266-A, par. 2 of the Revised Penal Code: (1) Mirandilla inserted his penis into her mouth, (2) through force, threat, or intimidation. Likewise, kidnapping and serious illegal detention is provided for under Article 267 of the Revised Penal Code which states that any private individual who shall kidnap or detain another, or in any manner deprive him of his liberty, shall suffer the penalty of reclusion perpetua to death if the kidnapping or detention shall have lasted more than three days. However, no matter how many rapes had been committed in the special complex crime of kidnapping with rape, the resultant crime is only one kidnapping with rape. This is because these composite acts are regarded as a single indivisible offense as RA 7659 punishes these acts with only one single penalty.