Appellee's Brief

Accused-appellant Pedro Sarmiento y Tordecilla together with co-accused Timeo Yhaap y Palparan and Antonio Olanne y Bergdugo was charged before the Regional Trial Court, 12th Judicial Regional Branch 15, Quezon City of robbery with rape. The case was docketed as Criminal Case No. 123456. The accusatory portion reads: “That on or about February 14, 2006, in Quezon City, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, armed with a knife, and gun, conspiring and confederating together, mutually aiding and assisting with one another, forced open the red Toyota Corrola Plate No.

Apple laptop computer, black Nokia N91 cellphone, diamond engagement ring, green Lacoste handbag, and cash, all estimated to be worth P150,000. 00, all belonging to and taken against the will of said  all to the latter’s damage and prejudice; that on the occasion of means of force and intimidation, did then and there willfully and feloniously, have carnal knowledge of the said.

Upon being arraigned all the accused including accused-appellant Sarmiento pleaded not guilty to the crime charged.

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The prosecution established the guilt of all the accused beyond reasonable doubt by presenting as evidence the testimony of the victim herself.

She got out of the car to survey the damage when suddenly three men, two of which where armed, grabbed her, forced her car open and took her personal belongings inside the said car. Thereafter the all the perpetrators removed their mask one of them pointed a gun at her, took her to a nearby grassy area then and there forcibly raped her at gunpoint.

She was able to identify Timeo Yhapp as the rapist and the accused-appellant Pedro Sarmiento as the one holding the knife and was jeering when she was being raped.