People vs. Valasquez, 345 SCRA 728 (2000) (Digest)

Complex Crime

28. People vs. Valasquez, 345 SCRA 728 (2000)

Student: G-one T. Paisones

Professor: Atty.  Cisco Franz S. Maclang

Facts:

                Reynaldo Velasquez, raped the 15 year-old victim for two instances on a single day on January 1, 1997.  Two separate criminal charges against the accused. RTC convicted the accused with two counts of Rape.

Issue:

                WON the RTC erred in sentencing the accused of two counts of rape.

Held:

                Yes

Ratio:

                Considering that the prosecution was able to prove beyond reasonable doubt that VELASQUEZ forcibly abducted AAA and then raped her twice, he should be convicted of the complex crime of forcible abduction with rape and simple rape. The penalty for complex crimes is the penalty for the most serious crime which shall be imposed in its maximum period.^[18] Rape is the more serious of the two crimes and is punishable with reclusion perpetua under Article 335 of the Revised Penal Code and since reclusion perpetua is a single indivisible penalty, it shall be imposed as it is.^[19] The subsequent rape committed by VELASQUEZ can no longer be considered as a separate complex crime of forcible abduction with rape but only as a separate act of rape punishable by reclusion perpetua.