GR L 2406; (February, 1950) (Digest)
G.R. No. L-2406; February 22, 1950
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JUANITO NAPILI, defendant-appellant.
FACTS
On the evening of May 24, 1946, in Magallanes, Sorsogon, a group of armed men entered the house of Pedro Levantino under the pretense of buying cigarettes and asking for water. Once inside, they bound the occupants, ransacked the house, and stole cash and personal property valued at P653.85. During the robbery, several of the intruders raped Salud, Flora, and Lory Levantino. Juanito Napili was positively identified by the victims as one of the perpetrators who raped Salud Levantino. The trial court convicted him of the complex crime of robbery with rape.
ISSUE
Was the identification of Juanito Napili as one of the perpetrators of the robbery and rape sufficient to sustain his conviction?
RULING
Yes, the conviction is affirmed with modification of the penalty. The Supreme Court found the identification of Juanito Napili to be credible and sufficient. Salud Levantino positively identified him in court and in a police lineup, noting his features were visible by moonlight and flashlight glare during the incident. Her testimony was corroborated by her sister Lory. The court also held that the information adequately alleged the complex crime of robbery with rape. The offense was attended by the aggravating circumstances of nighttime, craft, and dwelling. Applying Article 294 of the Revised Penal Code for robbery with rape, and due to the presence of three aggravating circumstances without any mitigating circumstance, the penalty was increased to reclusion perpetua. The judgment was modified accordingly, with an order for the restitution of the stolen property or payment of its value.
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