GR L 16033; (September, 1962) (Digest)
G.R. No. L-16033; September 29, 1962
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. CATALINO ORTEZA, defendant-appellant.
FACTS
In the evening of January 5, 1957, Marianita Ruidera was alone with her child in their Infanta, Quezon home when she was awakened by Catalino Orteza. He held a balisong to her throat, raped her, and then demanded money, taking P2.00 from under her pillow. After he left, she discovered an additional P50.00 missing from a ransacked aparador. The following morning, her husband found her distressed and reported the incident. The victim initially withheld the assailant’s identity due to his threats, but later identified Orteza to authorities. The police found Orteza washing a white shirt near the crime scene shortly after the incident, and he later executed an extrajudicial confession and reenacted the crime.
The defense presented an alibi, claiming Orteza was elsewhere drinking and gambling. However, his sole alleged witness placed him near the victim’s house around the time of the crime, and other named companions could not corroborate his story. The trial court convicted Orteza of robbery with rape.
ISSUE
Whether the conviction of Catalino Orteza for the crime of robbery with rape is supported by evidence beyond reasonable doubt.
RULING
Yes, the conviction is affirmed as modified. The Supreme Court found the prosecution’s evidence conclusive. The victim’s positive identification of Orteza was credible; she knew him for years and recognized him under adequate lighting during the prolonged assault. The Court emphasized that findings of trial courts on witness credibility are accorded great weight. The defense of alibi was inherently weak, uncorroborated, and partly contradicted by its own witness and official records. Orteza’s extrajudicial confession and subsequent reenactment of the crime, conducted voluntarily before witnesses, further corroborated his guilt. The Court also ruled that a medical examination is not indispensable for a rape conviction when other evidence, such as the victim’s credible testimony and physical signs of struggle, sufficiently establishes the crime.
The crime committed is robbery with rape under Article 294(2) of the Revised Penal Code, penalized with reclusion temporal in its medium period to reclusion perpetua. The aggravating circumstances of nocturnity and dwelling were present without any mitigating circumstance, warranting the imposition of the maximum penalty. The Court modified the trial court’s decision, sentencing Orteza to reclusion perpetua and ordering him to indemnify the victim P5,052.00.
