G.R. No. 104383 . July 12, 2001.
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. VALERIANO AMESTUZO y VIÑAS, FEDERICO AMPATIN y SABUSAB, ALBINO BAGAS y DALUHATAN and DIOSCORO VIÑAS y ODAL, accused. ALBINO BAGAS y DALUHATAN, accused-appellant.

FACTS

On February 22, 1991, eight armed, masked men robbed the house of Perlita delos Santos Lacsamana in Kalookan City, taking valuables worth P728,000. During the robbery, two gang members raped Maria Fe Catanyag and Estrella Rolago. An information was filed charging Valeriano Amestuzo, Federico Ampatin, Albino Bagas (the accused-appellant), Dioscoro Viñas, and four others at large with the complex crime of robbery in band with double rape. All pleaded not guilty. The trial court convicted all four accused, sentencing each to double reclusion perpetua and ordering them to pay indemnities. Only accused-appellant Albino Bagas appealed.
The prosecution’s version, as summarized from the trial court and Solicitor General’s Brief, states that during the incident, Lacsamana and others were tied up. The armed men ransacked the house. Amestuzo raped Estrella Rolago, and Albino Bagas raped Maria Fe Catanyag. The victims were later treated at a hospital.
The accused-appellant contested his conviction. He claimed he was arrested on February 26, 1991, when police, accompanied by co-accused Ampatin, went to his workplace looking for a certain “Mario.” When they did not find Mario, the police hit Ampatin, who then pointed to Bagas. Bagas was arrested and brought to the police station. During an identification at the station, the complainants, upon being told by police he was a suspect, became emotional and assaulted him. He argued he was deprived of counsel during this identification, that the out-of-court identification was suggestive and irregular, and that the court improperly rejected his alibi defense.

ISSUE

The primary issue is whether the guilt of accused-appellant Albino Bagas for the complex crime of robbery in band with double rape was proven beyond reasonable doubt, particularly in light of the challenges to the identification process and the defense of alibi.

RULING

The Supreme Court REVERSED the trial court’s decision and ACQUITTED accused-appellant Albino Bagas. The Court ordered his immediate release unless held for other valid charges.
The Court held that the prosecution failed to prove his guilt beyond reasonable doubt. The constitutional presumption of innocence must prevail when inculpatory facts are capable of explanations consistent with both innocence and guilt. The Court found the identification of Bagas by the rape victim, Maria Fe Catanyag, to be unreliable. Her testimony revealed she only saw her assailant’s eyes and forehead due to his mask, identified him primarily by his voice and build, and only recognized him for the first time at the police station when he was presented alone as a suspect, not in a proper lineup. This procedure was impermissibly suggestive. The Court also found the defense of alibi, supported by witness testimony that Bagas was at a birthday party in Cavite at the time of the crime, to be credible given the considerable distance between the crime scene and the party location, making it physically impossible for him to have been at the scene. The prosecution did not sufficiently disprove this alibi. Since the evidence did not meet the required moral certainty for conviction, the doubt was resolved in favor of the accused-appellant.