G.R. No. L-12403; June 30, 1960
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ANATALIO PRADO, RICARDO PELGRIN and JUANITO EULOGIO, defendants-appellants.

FACTS

On the night of August 7, 1956, spouses Hermenegildo Pillo and Priscilla Forro, their two minor children, and a guest, Jesus Laviste, were in their small house in Barrio Nalibugan, Calinog, Iloilo. Five individuals, including the three appellants (Anatalio Prado, Ricardo Pelgrin, and Juanito Eulogio) and two others not apprehended (Agustin Cepeda and Luciano Pelgrin), arrived. Hermenegildo was pulled from the house, hogtied, and beaten. Juanito Eulogio and Luciano Pelgrin went upstairs. Juanito, armed with a revolver, ordered Laviste to lie face down and Priscilla to sit. They ransacked the house, placing items into sacks. After the robbery, Juanito, and then Luciano, each had carnal intercourse with Priscilla Forro twice, at gunpoint and against her will. The group then left, taking Hermenegildo and three carabaos with them. Hermenegildo was later released after being threatened. The spouses and Laviste testified to these events. A neighbor, Jose Fernandez, saw five armed men, including Luciano Pelgrin, heading toward the Pillo house that evening. A medical examination of Priscilla Forro on August 22 concluded “SEXUAL INTERCOURSE PREVIOUSLY CONSUMMATED,” noting inflammation and other physical signs. The appellants were later identified and charged. The defense presented an alibi, claiming they were in a different barrio constructing a house, but provided no corroboration.

ISSUE

Whether the guilt of the defendants-appellants for the complex crime of robbery with rape was proven beyond reasonable doubt.

RULING

Yes, the guilt of the appellants was proven beyond reasonable doubt. The Court affirmed the judgment of the Court of First Instance of Iloilo. The testimonies of the victims and witness were credible and consistent. The medical findings corroborated the fact of rape, and the physician’s lack of prior experience in examining rape victims was immaterial as the inflammation observed was visible and indicative of forcible intercourse. The defense of alibi was unsubstantiated and could not overcome the positive identification by the prosecution witnesses. The Court agreed with the lower court’s finding of the aggravating circumstances of nocturnity and dwelling. It also noted the additional aggravating circumstance of the crime being committed by a band, as four of the five perpetrators were armed. No mitigating circumstances were present. The penalty of reclusion perpetua for each appellant and the awards for indemnity were upheld.