GR 28356; (January, 1970) (Digest)
G.R. No. L-28356 January 30, 1970
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. MARCIANO CORPIN and HONORIO GAYRAMA, defendants-appellants.
FACTS
On the night of November 28, 1964, in sitio Panimbangan, Catmon, Naval, Leyte, appellants Marciano Corpin and Honorio Gayrama entered the house of Pilar Mondelo through a window while she and her granddaughter Lydia Layon were asleep. Corpin awakened and kicked Pilar, demanded money, and when she said she had none, boxed her. Both victims had their hands tied. Gayrama ransacked the house, stealing P25.00 cash, a guitar, a pair of pants, a mat, and a chicken, handing these to a companion outside. The appellants then brought Lydia downstairs. Corpin, using force, succeeded in having sexual intercourse with her despite her resistance. Afterwards, Gayrama and other companions also took turns raping her. The appellants then left after warning the victims not to report the incident. The victims were later examined: Pilar had a hematoma, and Lydia had injuries consistent with being tied and raped, including a laceration of the hymen. The appellants raised the defense of alibi, claiming they attended a fiesta in another barrio and were home in Caray-Caray that night, which is only 1.5 kilometers from the crime scene.
ISSUE
1. Whether the trial court erred in finding the accused sufficiently identified and in disregarding the defense evidence.
2. Whether the trial court erred in finding the accused guilty beyond reasonable doubt.
RULING
The Supreme Court affirmed the conviction with modifications. The identity of the appellants as the perpetrators was established beyond reasonable doubt. Lydia Layon saw them clearly upon entry as the house was illuminated by a petroleum lamp, and both victims recognized them. They reported the appellants by name to authorities the very next day. There was no evidence of improper motive for the victims to falsely accuse the appellants. The defense of alibi was weak and unsubstantiated; the appellants could not even name the driver of the jeep they allegedly took, and their residence was not so far as to make it impossible for them to have committed the crime. The Court modified the trial court’s decision by disregarding the conviction for slight physical injuries (which was absorbed by the rape) and reducing the civil indemnity to P58.00, the total proven value of the stolen items. The penalty of reclusion perpetua for the crime of robbery with rape, committed by two or more persons, was affirmed as no aggravating circumstances were conclusively proven.