GR L 975; (February, 1950) (Digest)
G.R. No. L-975; February 27, 1950
EL PUEBLO DE FILIPINAS, plaintiff-appellee, vs. MACARIO MACAYA Y OTRO, defendants. GREGORIO GAGAWARAN, appellant.
FACTS
On the night of November 5, 1945, the appellant Gregorio Gagawaran and four companions, all armed, broke into the house of Victor Dalawantan in Quezon City. After ordering the occupants to lie face down, they ransacked the house and stole cash and jewelry valued at P205. The assailants then took the 21-year-old daughter, Catalina Dalawantan, to the kitchen. There, they tied her neck and right foot, held her down, and three of them, including the appellant, successively raped her while one occasionally used a flashlight to illuminate the scene. A medical examination the next day confirmed fresh lacerations to Catalina’s hymen and the presence of spermatozoa, consistent with forcible defloration. Only Gagawaran was arrested. After trial, he was convicted and sentenced to an indeterminate penalty of 14 years and 8 months to 20 years of reclusion temporal, plus indemnity for the robbery. He appealed, contesting the identification and presenting an alibi.
ISSUE
1. Was the identity of the appellant as one of the perpetrators of the robbery with rape sufficiently established?
2. Was the penalty imposed by the trial court correct?
RULING
1. Yes. The Supreme Court held that the testimony of the victim, Catalina, was clear, credible, and sufficient to establish the appellant’s identity. She had the opportunity to recognize him during the crime due to the intermittent use of a flashlight and because she knew him and his voice from their neighborhood since childhood. The unexplained delay in filing the formal complaint with the fiscal’s office did not impair her credibility, as her father had immediately reported the crime to the police, naming the assailants. Corroboration of her testimony was not necessary for conviction.
2. No. The penalty was modified. The crime committed was the complex crime of robbery with rape under Article 294(2) of the Revised Penal Code. The trial court erred in not imposing the proper penalty. At least two aggravating circumstances attended the crime: nocturnity and abuse of superior strength. With these aggravating circumstances and no mitigating circumstances, the imposable penalty is the maximum, which is reclusion perpetua. Furthermore, the Court increased the civil indemnity for the rape to P1,000 pursuant to Article 345 of the Revised Penal Code.
DISPOSITIVE:
The appealed decision was modified. Appellant Gregorio Gagawaran is sentenced to reclusion perpetua and ordered to indemnify Catalina Dalawantan in the amount of P1,000 for the rape, in addition to the P205 for the robbery. The rest of the trial court’s decision was affirmed.
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