GR L 32244; (June, 1983) (Digest)
G.R. No. L-32244. June 24, 1983.
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ROGELIO SORIANO, NARCISO MARIGMEN, alias Sosing and Jersey, JOHN DOE and PETER DOE, defendants. ROGELIO SORIANO, defendant-appellant.
FACTS
In the early morning of June 15, 1969, four armed men entered the hut of spouses Felix Bentibano and Elma Lachica in San Jose, Occidental Mindoro. The intruders hogtied Felix and, while pointing a carbine at him, proceeded to rape Elma. Rogelio Soriano was the first to rape her, followed by his co-accused Narciso Marigmen, and then two other unidentified men. After the sexual assaults, the malefactors stole personal property valued at P375 and threatened to kill the couple if they reported the crime. Fearful, the spouses initially remained silent. Subsequently, Soriano made a boastful admission of the crime to a neighbor, Pascualita Barawel-Palo. Later, Felix Bentibano also confronted Soriano after recognizing his own pants on Soriano’s person.
ISSUE
The core issue is whether the guilt of appellant Rogelio Soriano for the complex crime of robbery with rape was proven beyond reasonable doubt.
RULING
Yes, the Supreme Court affirmed Soriano’s conviction. The Court found the testimonies of the victims, Elma Lachica and Felix Bentibano, to be credible, straightforward, and consistent. Their positive identification of Soriano was deemed reliable, as Elma knew him personally as a compadre of her sister, and Felix recognized him during a subsequent encounter. Soriano’s extrajudicial confession, voluntarily and boastfully made to a neighbor, provided strong corroborative evidence of his participation. The Court rejected the defense of alibi for being weak and unsubstantiated. Regarding penalties, the Court modified the trial court’s decision by increasing the civil indemnity for rape from P500 to P12,000, considering the gravity of the offense and the victim being raped by four men. The Court also affirmed the penalty of reclusion perpetua, noting the presence of aggravating circumstances (dwelling, nighttime, armed band, and ignominy) but the lack of the necessary votes to impose the death penalty. The radio and shirt recovered were ordered returned to the victims.