G.R. No. L-2253; May 31, 1949
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. SERVANDO MANIEGO and LEOPOLDO VILLAMAYOR, defendants-appellants.

FACTS

On November 1, 1946, three armed men broke into the house of spouses Tereso Magno and Maria Eser in Nueva Ecija. They tied up the inmates, robbed them of money and articles worth P455.82, and, by means of force and intimidation, took turns raping their 16-year-old daughter, Milagros. Appellants Servando Maniego and Leopoldo Villamayor were charged with robbery in band with rape. The spouses Tereso and Maria identified the appellants as two of the perpetrators, knowing them previously as civilian guards from an adjoining barrio. Milagros, however, could not identify the rapists. The defense raised alibi and challenged the reliability of the identification, noting that the victims initially told authorities they could not identify the assailants due to fear of reprisal, as Tereso was a Huk partisan and the appellants were civilian guards—groups known to be hostile. After the victims moved to Cabiao, they formally accused the appellants.

ISSUE

Whether the identification of the appellants as perpetrators of the crime of robbery with rape is sufficiently reliable to sustain their conviction.

RULING

Yes. The Supreme Court affirmed the conviction. The positive identification by the spouses, despite initial reluctance due to fear of reprisal, was deemed credible and sufficient. The Court found the witnesses’ testimonies simple, coherent, and natural, and their delay in identification was plausibly explained by their fear, corroborated by their immediate evacuation after the crime. The defense of alibi was weak and could not overcome the positive identification. The penalty was modified to life imprisonment due to the aggravating circumstances of nocturnity and dwelling. Appellants were also ordered to indemnify Milagros Magno in the sum of P1,000.

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