People of the Philippines vs Sultan

GR No. 132470, April 27, 2000

FACTS: On June 2, 1997 at 9:00 o’clock in the evening, Juditha Bautista was on her way home when
she was accosted by the accused Fernando Sultan. The accused pointed a sharp instrument at her
neck and announced “hold-up.” Then the accussed grabbed her, brought her to his house and raped
her twice. Fearing for her life, she could not resist him. After the second rape, the accused told her
that he loved her and in her effort to release herself from his clutches, she “agreed” to elope with him.
Convinced, the accused allowed her to go home to get her things. She then went to her cousin and
narrated the incident to Antonette who immediately called her brother, SP01 Fernando Bautista.
SP01 Bautista advised Judith to continue with the “planned elopement” so that he and his two
companion could stage an arrest. Finally, the arrest happened while Judith and the accussed boarded
a bus. Some policemen who were in the barangay hall across the street assisted in facilitating the
arrest of the accused. At the police station, the authorities investigated Juditha who readily identified
the accused as her robber and rapist. On June 5, 1997, Fernando Sultan was charged with the
complex crime of robbery with rape. Although the accused claimed that it was simply a sexual
congress of consenting adults, the trial court found the complaining witness’ version more credible
and charged the accused guilty sentencing him to reclusion perpetua with a fine of PHP 50, 000.00 for
moral damages.

In this appeal, the accused submits that there is no convicting proof that he is guilty of the crime
charged.

ISSUE: Whether or not the additional rape committed by the accused is considered as an aggravating
circumstance?

RULING: NO. The court observed that the enumeration of aggravating circumstances under Article 14
of the Revised Penal Code is exclusive, unlike in Article 13 which enumerates the mitigating
circumstances. Unless and until a law is passed providing that the additional rape/s may be
considered aggravating, the court must construe the penal law in favor of the offender as no person
may be bought within its terms if he is not clearly made so by the statute. Under Article 63, “In all
cases in which the law prescribes a penalty composed of two indivisible penalties, the following rules
shall be observed in the application thereof…2. when there are neither mitigating or aggravating
circumstances in the commission of the deed, the lesser penalty shall be applied.”