GR 143004; (April, 2003) (Digest)
G.R. No. 143004; April 9, 2003
PEOPLE OF THE PHILIPPINES, appellee, vs. DANTE CLIDORO and JOSEPH BARRA y MADERA, accused. DANTE CLIDORO, appellant.
FACTS
The prosecution established that at midnight on June 4, 1997, appellant Dante Clidoro and Joseph Barra forcibly entered the house of Salvacion Avila in Camarines Sur. Clidoro broke in, took bottles of gin and cigarettes, and struck Salvacion, causing her to drop a kerosene lamp. He then dragged Rachel Mabana, Salvacion’s granddaughter, to a nearby banana plantation. There, he slapped and hit her, causing her to faint. Upon regaining consciousness, Rachel found herself half-naked, felt pain, and discovered a whitish substance on her vagina. Meanwhile, Barra attempted to drag another granddaughter, Lorna Barrion, but she escaped after he snatched her necklace and a pair of jeans. A medical examination later confirmed hymenal lacerations on Rachel.
The defense presented alibis. Clidoro claimed he was at a barangay fiesta and dance hall from the afternoon of June 4 until the following morning, a testimony corroborated by his sister. Barra similarly alleged he was at the dance hall with friends. Only Clidoro appealed his conviction, arguing the victims could not have identified him due to poor lighting and that the identification was prompted by police suggestion.
ISSUE
Whether the prosecution evidence, particularly the identification of appellant Dante Clidoro as the perpetrator of robbery with rape, is sufficient to prove his guilt beyond reasonable doubt.
RULING
Yes. The Supreme Court affirmed the conviction. The Court found the testimonies of the victims credible and consistent. The claim of insufficient lighting was unavailing. The kerosene lamp provided adequate illumination for identification before it was dropped. Furthermore, the victims had known Clidoro prior to the incident, recognizing him by his voice and physical features. The defense of alibi cannot prevail over this positive identification. The medical findings corroborated Rachel’s account of rape. The complex crime of robbery with rape under Article 294(2) of the Revised Penal Code was duly proven, as the rape was committed by reason or on the occasion of the robbery. With no modifying circumstances, the proper penalty is reclusion perpetua. The Court modified the damages, awarding an additional P50,000.00 as moral damages to the rape victim, separate from the P50,000.00 civil indemnity.