G.R. No. 122979 - PEOPLE OF THE PHILIPPINES, VS. FELIMON ALIPAYO Y TEJADA, DANILO MACABALITAO Y ROMUALDEZ, JELLIE LIPA Y RUDIKE, AND VIRGILIO TAMAYO Y ZALMAZAN, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE , premises considered, the Decision of the Regional Trial Court of Quezon City, Branch 215, dated August 28, 1995 finding FELIMON ALIPAYO y TEJADA, DANILO MACABALITAO y ROMUALDEZ, and VIRGILIO TAMAYO y ZALMAZAN guilty beyond reasonable doubt of the crime of Robbery with Rape attended by the aggravating circumstance of nocturnity, and sentencing all of them to suffer the penalty of Death, is AFFIRMED . The finding that JELLIE LIPA y RUDIKE is likewise guilty beyond reasonable doubt of the crime of Robbery with Rape is AFFIRMED with the MODIFICATION that, in view of the privileged mitigating circumstance of minority and the aggravating circumstance of nocturnity, he is sentenced to suffer an indeterminate penalty of ten (10) years and one (1)day of prision mayor , as minimum, to seventeen (17) years, four(4) months and one (1) day of reclusion temporal , as maximum. All of the four accused-appellants are ORDERED to jointly and severally pay Ornella Gellongos the sum of P200,000.00 as civil indemnity and the sum of P200,000.00 as moral damages. In addition, all of the accused-appellants are ORDERED to indemnify private complainant Ornella Gellongos the sum of P1,000.00 and private complainant Alexis Barrientos the sum of P640.00, representing the loss of their respective personal belongings. The award by the trial court to Alexis Barrientos of P20,000.00 as civil damages is DELETED . SO ORDERED.