GR 116918; (June, 1997) (Digest)
G.R. No. 116918 June 19, 1997
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. BONFILO MARTINEZ y DE LA ROSA, JOHN DOE and PETER DOE, accused. BONFILO MARTINEZ y DE LA ROSA, accused-appellant.
FACTS
On December 28, 1991, at around 6:30 P.M., three armed men entered the house of Ernesto Buenvinida in Caloocan City. The first intruder, unmasked and posing as a policeman, claimed the homeowner was involved in a stabbing. Two masked accomplices followed. The occupants—including Michael Buenvinida and Glorivic Bandayanon—were tied and brought to the master’s bedroom. The robbers took a radio cassette recorder, perfumes, canned goods, and cash. Subsequently, the three men successively raped Glorivic Bandayanon in a separate bedroom. During the second rape, the perpetrator’s face cover fell, and Glorivic later identified him as accused-appellant Bonfilo Martinez due to a prominent mole on his right cheek. Michael also identified appellant as the one who ordered him to unplug appliances. Appellant was arrested on March 3, 1994. He pleaded not guilty, claiming alibi that he was in Parañaque on the crime date. The Regional Trial Court convicted him of robbery with rape, sentencing him to reclusion perpetua and ordering him to pay indemnities.
ISSUE
Whether the trial court erred in convicting accused-appellant based on the identification by the prosecution witnesses.
RULING
The Supreme Court affirmed the conviction. The issue of witness credibility is primarily for the trial court, and its findings are accorded respect. The Court found no reason to overturn the lower court’s assessment. The identification of appellant was reliable: Glorivic Bandayanon had a clear view of appellant during the rape when his mask fell, and she positively identified him by a distinctive mole on his right cheek during a police lineup. Michael Buenvinida also identified appellant as one of the robbers. Appellant’s defense of alibi was weak and uncorroborated. The crime committed was the special complex crime of robbery with rape under Article 294(2) of the Revised Penal Code. The Court modified the damages, increasing the moral damages awarded to Glorivic Bandayanon from P30,000.00 to P50,000.00 due to the multiple rape and humiliating circumstances. The appealed judgment was affirmed with this modification.