Case Digest (G.R. No. L-11991)
Facts:
The People of the Philippines v. Porfirio Tano, G.R. No. L-11991, October 31, 1960, Supreme Court En Banc, Labrador, J., writing for the Court.
The case arose from criminal informations charging several defendants with robbery in band with rape and with simple robbery in band. The trial was conducted in the Court of First Instance of Iloilo before Judge Hilarion Y. Jarencio. The Court of First Instance found Porfirio Tano, Guillermo Camina, and Roman Caldito guilty beyond reasonable doubt of robbery in band with rape and sentenced each to reclusion perpetua and ordered them to indemnify the offended parties P210.00 jointly and severally. The same trial court found Dionisio Cantong and Maximino Calico guilty of simple robbery in band and sentenced them accordingly.
The factual narrative as found by the trial court was that on July 25, 1955 at about 8:00 p.m., persons calling at the home of spouses Leodegario Domingo and Herminigilda Domingo said there was a letter for Leodegario; when he stepped out carrying a lamp, Guillermo Camina struck Leodegario’s hand, extinguishing the lamp. Porfirio Tano allegedly pointed a rifle at Leodegario, Camina tied his hands, and after striking him Tano ordered that Leodegario be taken to the riverbank about forty meters away. Meanwhile Tano, Camina and Caldito searched the house, forced open a trunk and took men’s and women’s apparel and an envelope containing P210.00.
According to the offended party Herminigilda, after the money was taken Tano dragged her, pushed her to the floor, placed himself on top of her while his companions held her legs apart, struck her left thigh, tore away her undergarment, and had intercourse with her; Camina and Caldito then also allegedly had carnal access in turn. The physician who examined Herminigilda noted a contusion on the face of her left thigh (Exhibit "M") but did not record an examination of her genitalia. A stained undergarment (panty) showing coloration alleged to be semen was produced at trial, and the offended party executed an affidavit shortly after the incident stating the three accused had taken turns in committing the rape.
Defendants appealed. Porfirio Tano and ...(Pro-only)
Issues:
- Was the evidence sufficient to establish that Porfirio Tano had carnal knowledge of Herminigilda, thus sustaining the rape component of the conviction?
- Were aggravating circumstances present to justify the imposition of the maximum degree...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)