Conspiracy; Complex Crime with Rape

Jose, Domingo, Manolo, and Fernando, armed with bolos, at about one o'clock in the  morning, robbed a house at a desolate place where Danilo, his wife, and three daughters were living. While the four were in the process of ransacking Danilo's house, Fernando, noticing that one of Danilo's daughters was trying to get away, ran after her and finally caught up with her in a thicket (a dense group of bushes or trees), somewhat distant from  the house. Fernando, before bringing back the daughter to the house, raped her first. Thereafter, the four carted away the belongings of Danilo and his family.

a. What crime did Jose, Domingo, Manolo, and Fernando commit?

b. Suppose, after the robbery, the four took turns in raping the daughters of Danilo inside the latter's house, but before they left, they killed the whole family to prevent identification, what crime did the four commit?

a. Jose, Domingo, and Manolo committed robbery, while Fernando committed complex crime  of Robbery with Rape. Conspiracy can be inferred from the manner the offenders committed the robbery but the rape was committed by Fernando at a place distant from the house where the robbery was committed, not in the presence of the other conspirators. Hence, Fernando, alone should answer for the rape, rendering him liable for the special complex crime.(People vs. Canturia et. al, G.R.108490, 22 June 1995)

b. The crime would be Robbery with Homicide (implied: there is still conspiracy)

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