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PRESENCE OF BOTH CIRCUMSTANCES- USE OF A DEADLY WEAPON AND

TWO OR MORE PERSONS- IN QUALIFIED RAPE DID NOT CONSIDER THE


OTHER AS GENERIC AGGRAVATING CIRCUMSTANCE

People v. Arguta and Cahipe


G.R. No. 213216; April 20, 2015
PERLAS-BERNABE, J.
FACTS:
This Petition for Review on Certiorari challenges the decision of the CA affirming the
decision of the RTC which convicted accused-appellants, Ricky Arguta and Wilson
Cahipe, of one (1) count of rape, defined and penalized under the Revised Penal Code
(RPC).
Sometime in December 1996, AAA was on her way home when the accused-appellants
threatened her with a bladed weapon and allegedly, thereafter, raped her on a certain
cottage. Arguta was the one who first raped the victim and afterwards, Cahipe took over
and raped her. They left AAA at the cottage. An hour later, Cahipe dragged the victim to
another place and raped her again. AAA was returned to the cottage after this instance.
The next day, AAAs father found her at the cottage.
Two (2) criminal informations were filed before the RTC charging Cahipe with two (2)
counts of rape, and Arguta of one (1) count of the same crime. The accused-appellants
both denied the accusations and offered their alibis. The RTC found them guilty beyond
reasonable doubt of the crime of simple rape. However, Cahipe was not convicted on the
other charge of rape due to insufficiency of evidence. The CA affirmed their conviction
with modification as to the damages. Aggrieved, accused-appellants filed the instant
appeal.
ISSUE:
In qualified rape, if the circumstances of use of a deadly weapon and two or more
persons are present, is one of them considered as a generic aggravating circumstance?
HELD:
No. In the case of People v. Lamberte, the Court held that the presence of either
circumstance - "use of a deadly weapon" or "by two or more persons" - qualifies the crime
of Rape. If one is present, the remaining circumstance, if also attendant, is not a generic
aggravating circumstance.
In this case, the Court deems it appropriate to modify accused-appellants conviction from
Simple Rape to Qualified Rape as the rape occurred during the effectivity of the old rape
provision of the RPC which provides that xxx 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. Hence, qualifying the crime of rape. Considering that the crime was
committed by two (2) persons, the accused-appellants herein, with the use of a bladed
weapon, it is only appropriate to increase their conviction from Simple Rape to Qualified
Rape.
Furthermore, when the two circumstances are present, there is no legal basis to consider
the remaining circumstance as a generic aggravating circumstance for either is not
considered as such under Article 14 of the Revised Penal Code enumerating what are
aggravating circumstances.
Therefore, if the circumstances of use of a deadly weapon and two or more persons
are both present, there is no need to appreciate the first as a qualifying circumstance and
the second as a generic circumstance.

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