Facts: The victims, Maribel Degala, and her boyfriend, Junlo Dizon, were in a cottage when the 3 accused barged in and started their savage act stabbing Dizon who was able to run away. Thereafter, they robbed her of her valuables which were contained in a bag on top of a table, and then succeeded in having carnal knowledge of her, one after the other. All three were arrested when they were identified by Degala a few days after the incident. The trial court, before whom the case was tried, convicted them of the complex crime of robbery with rape.
Issue: Whether the crime committed was robbery with rape.
Held: To be held liable for the special complex crime of robbery with rape, the intent to take the personal property of another must precede the rape, and if the original plan was to rape, but the accused, after committing the rape also committed robbery, the offenses should be viewed as separate and distinct. In the present case, evidence clearly showed intent to gain and asportation preceding the rape. Right after the accused and two others barged into the cottage and chased Dizon who managed to escape, they immediately frisked Degala and took a bag containing her personal belongings. These contemporaneous acts stress the fact that they were initially motivated by animus lucrandi. The rape occurred after the acts of robbery had already been consummated.
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