Facts:
The People of the Philippines filed information before the Circuit Criminal Court, 13th Judicial District, Palo, Leyte charging
Emeterio Dinola, the accused-appellant, with the crime of
robbery with rape for acts alleged to have occurred on October 21, 1977 in the Municipality of Alangalang, Province of Leyte. The complaint of Marilyn Caldosa recounted that at about three o’clock in the morning the accused awakened her, pointed a small bolo at her breast, threatened to kill her if she made noise, and then placed himself on top of her and forcibly had sexual intercourse, after which he lighted a candle, saw and grabbed her wrist watch valued at P300.00 and left. The complainant sought medical attention the same day; the medico-legal certificate (Exhibit “A”) recorded no external injuries but an incomplete laceration of the hymen at six o’clock with a contusion at one o’clock and no spermatozoa, and Dr. Sherlito Siao testified that the findings were consistent with possible forcible insertion. At arraignment the accused pleaded not guilty, denied knowing the complainant, and asserted an alibi supported only by his half-brother; he alleged that he was maltreated by police when summoned. The trial court found the complainant credible, convicted the accused of
robbery with rape, sentenced him to reclusion perpetua, ordered indemnity of P12,000.00, and imposed costs. The accused appealed, assigning improper consideration of improbabilities in the complainant’s testimony and an alleged shifting of the burden of proof.
Issues:
Did the trial court err in accepting the complainant’s testimony as credible despite alleged improbabilities and lack of external injuries? Was there a wrongful shift of the burden of proof upon the accused? Were the facts sufficient to sustain conviction for the special complex crime of
robbery with rape or must the acts be treated as separate offenses of rape and robbery?
Ruling:
Ratio:
Doctrine: