Case Digest (G.R. No. 27859)
Facts:
The People of the Philippine Islands v. Amando Dayo, G.R. No. 27859, December 01, 1927, the Supreme Court, Avancena, C.J., writing for the Court.
On the night of July 18, 1925, Lamberta Valdehuesa was asleep beside her 13‑year‑old son, Higino Sabido, in Salay, Misamis, when she awakened to the feeling of a weight upon her and discovered that a man was having carnal knowledge of her. She pushed and screamed; later she identified the intruder as Amando Dayo, who threatened her with a revolver and caused her to faint. The son, who had also awakened and touched his mother trying to rouse her, was likewise threatened with death by the accused if he told his father. After the assault Lamberta noticed her chemise raised and her private parts smeared with semen.
Earlier the same day Dayo had visited the household under the pretext of speaking to Bruno Sabido about a society and had kissed Lamberta, who rebuked him because her husband was absent. When Bruno returned the following day Lamberta informed him of the assault; Bruno engaged counsel and a criminal complaint charging rape was filed against Dayo. At trial the defendant was convicted and sentenced to twelve years and one day reclusion temporal with accessories and costs. Dayo appealed.
At the appellate stage before the Supreme Court the accused relied chiefly on an alibi, claiming he attended a ball in the municipal building and did not leave until about 2:00 a.m.; a defense witness, Raymundo Gora, testified the accused never left the building. The trial testimony of Lamberta and her son was credited by the Court of First Instance, and the Supreme Court likewise found their testimony sufficient to establish the facts beyond doubt. The Supreme Court affirmed the conviction but increased the penalty to the maximum degree, citing as aggravating circumstances that the crime was committed at night and in the of...(Subscriber-Only)
Issues:
- Is the evidence sufficient to convict Amando Dayo of rape beyond reasonable doubt?
- Does the asserted alibi create reasonable doubt requiring acquittal?
- Is the imposition of the maximum degree of the penalty warranted under th...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)