G.R. No. L-17410, June 30, 1962
The People of the Philippines, plaintiff-appellee, vs. Ruperto Asi, et al., defendants, Fortunato Aro, defendant-appellant.

FACTS

Ruperto Asi and Fortunato Aro were charged with robbery in band with rape. Asi initially pleaded not guilty but later changed his plea to guilty. Aro pleaded not guilty, was tried, and convicted by the Court of First Instance of Oriental Mindoro. He was sentenced to reclusion perpetua, ordered to indemnify the victim’s mother, and to pay costs. Aro appealed the decision.
The prosecution evidence established that around midnight on December 19, 1955, Aro, along with three armed companions, entered the house of Santos Claveria. They ordered the occupants to lie down. When Claveria escaped, they fired at him. Aro then threatened Claveria’s wife, Esmenia Querubin, with a gun and demanded money, obtaining about P1,000. The group then took the 17-year-old daughter, Araceli Claveria, outside the house where she was successively raped by all four malefactors, with Aro being the second to commit the act. The crime was reported the next day.

ISSUE

The core issue is whether the prosecution proved Aro’s guilt for the complex crime of robbery with rape beyond reasonable doubt, thereby rendering his defense of alibi untenable.

RULING

The Supreme Court affirmed the conviction but modified the civil indemnity. The Court meticulously reviewed the record and found the prosecution’s evidence conclusive. The positive identification of Aro by both Esmenia Querubin and the rape victim, Araceli Claveria, who knew him prior to the incident, was clear and credible. The Court noted the complainants had no improper motive to falsely accuse him, and the immediate filing of the complaint bolstered their testimonies’ reliability.
In contrast, Aro’s defense of alibi was rejected as inherently weak and uncorroborated. His claim of being in Batangas on the crime date was unsupported by credible evidence, such as the residence certificate he allegedly purchased or testimony from the alleged vendee and notary public. The Court ruled that positive identification prevails over an unsubstantiated alibi. The complex crime of robbery with multiple rape was committed with the aggravating circumstances of nighttime and band, without any mitigating circumstances. The penalty of reclusion perpetua was thus correct. The Court additionally sentenced Aro to pay P4,000 as moral damages to the rape victim, Araceli Claveria, pursuant to Article 345 of the Revised Penal Code and jurisprudence. The decision was affirmed with this modification.