GR 42868; (April, 1935) (Digest)
G.R. No. 42868 ; April 17, 1935
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. FELIPE DE ASIS, ET AL., defendants. FELIPE DE ASIS and EUSTAQUIO CABANILLAS, appellants.
FACTS
Appellants Felipe de Asis and Eustaquio Cabanillas, along with Juan Cote (who was acquitted), were charged with the crime of rape committed against Elena Cadayong. On the evening of July 29, 1934, in Balangiga, Samar, the appellants and Cote attacked Cadayong and her companion Maria Bagason on their way home. Cabanillas and Cote successively raped Cadayong while she was held down by the others. De Asis held her legs during the initial assault and later also raped her while she was restrained. The trial court convicted De Asis, sentenced Cabanillas (a minor) to confinement in a training school, and acquitted Cote. De Asis and Cabanillas appealed, challenging the credibility of the victims’ identification and the weight given to a sanitary inspector’s testimony.
ISSUE
Whether the trial court erred in convicting the appellants based on the testimony of the victims, despite the defense of alibi and the alleged darkness of the night affecting identification.
RULING
The Supreme Court affirmed the conviction with modifications. The testimony of the victims was credible and sufficient for identification, as the moon provided illumination on the night of the crime, and the appellants were known to the victims. The defense of alibi could not prevail over the positive identification by credible witnesses. The acquittal of co-accused Juan Cote did not benefit the appellants, as it was based on a procedural doubt unrelated to their guilt. The Court found the aggravating circumstances of nocturnity and abuse of superior strength present in the case of De Asis, with no mitigating circumstances. Accordingly, the penalty for De Asis was increased to an indeterminate sentence of ten years of prision mayor to eighteen years of reclusion temporal, plus indemnity and support for the victim as required by law. The disposition regarding the minor Cabanillas was affirmed.
AI Generated by Armztrong.