GR L 5366; (October, 1953) (Digest)
G.R. No. L-5366 October 29, 1953
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ALBERTO JORE, ISIDRO SUPOSO, PACIFICO BOOC, EPIMACO AROA and CARMINO CODIÑERA, defendants-appellants.
FACTS
On the night of March 17, 1948, in Barrio Managase, Tabogon, Cebu, the defendants Alberto Jore, Isidro Suposo, Pacifico Booc, Epimaco Aroa, and Carmino Codiñera robbed the house of Anisia Pilit. Pacifico Booc first approached the house under the pretense of asking for water or tuba, prompting the occupants to open the door. The defendants, some masked and armed with a rifle and revolver, then entered. They tied up Anisia Pilit, her children Juan, Dominga, Tomasa, Remigia, Epimaco, and Tranquilino Urot, and her niece Irenea Puyot. Codiñera, the apparent leader, seized cash amounting to P400 from a belt, P30 from a trunk, and earrings valued at P30. Subsequently, Codiñera, Aroa, Jore, Suposo, and Booc successively raped Tomasa Urot, Dominga Urot, Remigia Urot, and Irenea Puyot by force and intimidation inside the house. Before leaving, the defendants threatened to kill the family and burn their house if they reported the crime. The victims positively identified the defendants, who were neighbors and known to them. Medical examination confirmed recent lacerations consistent with rape. The defendants presented alibi defenses, which the court found unconvincing.
ISSUE
The primary issue concerns the identity of the malefactors, specifically whether the defendants were correctly identified as the perpetrators of the robbery with rape.
RULING
The Supreme Court affirmed the guilt of all defendants as principals of the complex crime of robbery with rape under Article 294, paragraph 2 of the Revised Penal Code. The Court found the testimonies of the victims credible, consistent, and without motive to falsely accuse. The alibi defenses were rejected; the defendants’ presence at other locations did not preclude their ability to commit the crime, and the testimonies of their relatives were deemed partial. The Court also addressed the defense’s argument regarding the physiological improbability of Codiñera raping multiple victims in succession, citing scientific authority and judicial records that such acts are possible. The crime was aggravated by craft, disguise, and nighttime. The penalty was modified from the trial court’s sentence to life imprisonment. The appellants were also ordered to indemnify Anisia Pilit P460 and to endow each of the four ravished women P2,000.