GR L 14607; (February, 1919) (Digest)
G.R. No. L-14607; February 25, 1919
THE UNITED STATES, plaintiff-appellee, vs. BLAS YAMBALLA, defendant-appellant.
FACTS:
On the night of December 23, 1917, in Paoay, Ilocos Norte, the accused, Blas Yamballa, entered the house of his sister-in-law, Calixta Bagasol, while she was asleep with her children and her husband was absent. Yamballa lay on top of her and began intercourse, awakening her. She resisted and threw him off. He struggled with her and succeeded in beginning the act a second time before she again threw him off and fled to the back porch (batalan). Yamballa followed, begged for forgiveness, and then left. A passerby, Victorino Ramos, overheard this plea for forgiveness. Calixta did not immediately report the crime to her husband upon his return the next morning, fearing he would kill the accused. She disclosed the incident four days later in the presence of Candido Pobre, who could act as a mediator. Yamballa subsequently admitted his guilt to Candido Pobre and to his brother, Urbano Yamballa, citing that he “could not resist the demon.” The defense presented alibi witnesses, including Yamballa’s father, sister, and wife, who claimed he never left home that night.
ISSUE:
Whether the trial court erred in convicting the accused of rape based on the credibility of the prosecution’s witnesses and in not appreciating reasonable doubt in favor of the accused.
RULING:
The Supreme Court affirmed the conviction but modified the penalty. The Court found the testimony of the complainant, Calixta Bagasol, to be credible and consistent. Her delay in reporting the crime was justified by her prudent desire to prevent her husband from committing violence against his own brother. The voluntary confessions of the accused to Candido Pobre and Urbano Yamballa corroborated her account and were deemed reliable, especially given Pobre’s role as a friend and wedding sponsor (padrino) to the accused. The defense’s alibi was rejected as it could not overcome the positive identification and admissions of guilt. The Court found the aggravating circumstances of nocturnity, relationship (as brother-in-law of the victim), and the commission of the crime in the victim’s dwelling to be present. Consequently, the penalty was imposed in its maximum degree. The judgment of the Court of First Instance was modified, sentencing Blas Yamballa to twenty years of reclusion temporal, with the corresponding accessory penalties, and to pay the costs.
