Case Digest (G.R. No. L-8569)
Facts:
The People of the Philippines v. Pablo Posadas and Tranquilino Drylon, G.R. No. L-8569, May 24, 1957, the Supreme Court En Banc, Concepcion, J., writing for the Court.On the night of April 1, 1949, at about 9:30 p.m., three armed men forced open the kitchen door of the dwelling of Pedro Rodriguez in Barrio Santa Cruz, San Antonio, Nueva Ecija, robbed the household of small articles (a flashlight, two wallets and a fountain pen) and committed sexual assaults: one assailant ravished Elena Dayao (the wife) and the other two each assaulted Irene Rodriguez (the 17-year-old daughter).
Shortly after the incident, members of the Constabulary alleged that Feliciano de la Rosa, Pablo Posadas and Tranquilino Drylon, all Constabulary personnel stationed in San Antonio, were the perpetrators. De la Rosa pleaded guilty and was sentenced. Drylon escaped and was not located. The criminal proceedings therefore continued only against Pablo Posadas, who denied participation and pleaded an alibi.
After trial, the lower court convicted Posadas of robbery with rape and sentenced him to life imprisonment, imposed accessory penalties, ordered him to return or pay for the stolen articles (totaling P11.30), to indemnify Irene Rodriguez in P10,000, and to pay costs. Posadas appealed to the Supreme Court, contending mistaken identity and asserting an alibi that he had been at the PC guardhouse from 7:00 to 11:00 p.m. and then on guard duty until 1:00 a.m., claims he said were supported by Constabulary records which he did not produce.
At trial and on appeal the prosecution relied on the testimony of de la Rosa (who had pleaded guilty), corroboration by Iluminada Algas (who testified that the three men drank in her store about 7:00 p.m. and said they were going to the barrio of Santa Cruz), and positive identifications of Posadas by Irene Rodriguez and Elena Dayao, both of whom knew him by face. The lower cour...(Pro-only)
Issues:
- Was Pablo Posadas sufficiently identified as one of the perpetrators of the robbery with rape?
- Should the conviction be modified to require Posadas to acknowledge any offspring of Irene Rodriguez allegedly resultin...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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