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People vs Tano

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ALEXANDER TANO y CABALLERO, accused-appellant.

G.R. No. 133872 | 2000-05-05

EN BANC
D E C I S I O N

PANGANIBAN, J.:

The appellant cannot be convicted of the special complex crime of robbery with rape because the asportation was conceived and carried out as an afterthought and only after the rape has been consummated. Dwelling cannot be appreciated as an aggravating circumstance in this case because the rape was committed in the ground floor of a two-story structure, the lower floor being used as a video rental store and not as a private place of abode or residence.

The Case

This is an automatic review of the Decision1 dated April 23, 1998 of the Regional Trial Court of Caloocan City, Branch 127, in Criminal Case No....