GR L 19250; (August, 1963) (Digest)
G.R. No. L-19250; August 30, 1963
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. HIPOLITO MESIAS, defendant-appellant.
FACTS
On the evening of February 29, 1952, in barrio Talibong, Cabucgayan, Leyte, armed men entered the home of Pablo Masong. After demanding and taking money and valuables, they, through force and intimidation, took turns raping his stepdaughter, Leonila Taquillo. The incident was reported, leading to the arrest of several individuals, including appellant Hipolito Mesias. The complainants positively identified Mesias as one of the perpetrators, with Leonila specifically testifying that he ravished her three times.
Mesias, along with others, was charged with robbery in band with rape. After trial, the Court of First Instance convicted him. The Court of Appeals later affirmed the conviction but modified the penalty to life imprisonment, certifying the case to the Supreme Court due to the penalty imposed. Mesias’s defense was alibi, claiming he was in a different barrio at the time of the crime.
ISSUE
Whether the Court of Appeals erred in convicting appellant Hipolito Mesias of the crime of robbery in band with rape.
RULING
The Supreme Court affirmed the conviction. The Court found the defense of alibi untenable. It was supported only by oral evidence, which is easy to fabricate. Crucially, the distance between the location of the alibi and the crime scene was traversable within nine to ten hours by boat, and the crime occurred at midnight, leaving sufficient time for travel. Most decisively, the positive identification of Mesias by the victims, particularly the rape victim Leonila Taquillo who singled him out, was clear and credible. No improper motive was shown for the witnesses to falsely testify against him.
The Court, however, modified the penalty. The trial court failed to consider the aggravating circumstance of nighttime, which attended the commission of the crime. With this aggravating circumstance, the proper penalty is reclusion perpetua. The Court also ordered Mesias to indemnify Leonila Taquillo in the sum of P5,000.00. Thus, the decision was affirmed with these modifications.