GR L 337; (October, 1946) (Digest)
G.R. No. L-337; October 25, 1946
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. CLARO FELICIANO, ET AL., defendants. CLARO FELICIANO and ELIGIO DE LA CRUZ, appellants.
FACTS
On August 6, 1945, in Sto. Rosario, Sto. Domingo, Nueva Ecija, four armed men, including appellants Claro Feliciano and Eligio de la Cruz, entered the house of Vicente del Rosario. The intruders tied up Vicente and his son Antonio and maltreated them to force them to reveal the location of money from a recent land and calesa sale. They ransacked the house. One robber pointed a revolver at Antonio’s wife, Liwayway de Guzman, and ordered her to produce money. Out of fear, she pointed to a tampipi containing P280, which was taken. The robbers then accused her of hiding money on her person, raised her chemise, and, finding nothing, dragged her into a room. Liwayway testified that she was raped by all four men, including both appellants, in a lighted room where she could recognize them. She resisted and was strangled. The robbers also stole P1,108 from a money case in her pillow, along with clothes and other items, totaling P3,491 in value. Liwayway was medically examined on August 8, with findings of contusions. Appellants presented alibi defenses, which the court found unconvincing against the positive identification by the victims.
ISSUE
Whether the appellants are guilty of the crime of robbery in band with rape.
RULING
Yes, the appellants are guilty of robbery in band with rape. The Supreme Court affirmed the lower court’s judgment with modifications. The crime is punishable under Article 294(2) of the Revised Penal Code. The court rejected the appellants’ alibis, giving credence to the positive and straightforward testimonies of the victims who identified them. The aggravating circumstance of band was present, with no mitigating circumstances, warranting the penalty in its maximum degree. The Court modified the penalty to reclusion perpetua. Pursuant to Article 345 of the Revised Penal Code, the appellants were also ordered to indemnify Liwayway de Guzman in the increased sum of P4,000, considering the change in circumstances and currency value since prior rape indemnity cases. The appellants were also held jointly and severally liable for the stolen amount of P3,491.