GR L 868; (March, 1948) (Digest)
G.R. No. L-868; March 13, 1948
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. CATALINO VELO, et al., defendants. GERARDO SANTOS, ELISEO ALAY-AY, ALFREDO ESTABILLO and DOMINADOR ANATEN, appellants.
FACTS
Appellants Gerardo Santos, Eliseo Alay-ay, Alfredo Estabillo, and Dominador Anaten were convicted by the Court of First Instance of Nueva Vizcaya for the complex crime of robbery with rape committed on February 3, 1946, in Bagabag, Nueva Vizcaya. The victim, Noemi Guieb, was medically examined, and findings (lacerations, inflammation, and foul discharge) were consistent with recent sexual intercourse and trauma. Appellants’ participation was established through their extrajudicial confessions, the recovery of stolen blankets and a mosquito net, and the identification by a co-accused, Genaro del Rosario. A Thompson submachine gun used in the robbery was also recovered. The defense presented alibi witnesses, but their testimonies were rejected by the trial court.
ISSUE
Whether the trial court erred in convicting the appellants of the complex crime of robbery with rape.
RULING
No. The Supreme Court affirmed the conviction. The Court held that the evidence, including the medical findings, the extrajudicial confessions (Exhibits B, C, D, and E) which were proven to be voluntary, the recovery of stolen items, and the possession of the firearm used in the crime, sufficiently established the appellants’ guilt beyond reasonable doubt. The defense of alibi was properly rejected for being weak and uncorroborated. However, the Court modified the penalties. The indemnity for the rape was reduced from P5,000 to P1,000, as the increase was deemed without legal basis. The order for the appellants to support any offspring was deleted, as it is embryologically and legally impossible to ascertain paternity when multiple persons successively raped the victim. The appealed decision was affirmed with these modifications.
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