109 Phil. 912
It is not disputed by the appellant, as found in the decision appealed from, that on July 25, 1955, at 8:00 in the evening, some persons called at the house of the spouses Leodegario Domingo and Herminigilda Domingo in barrio Talacuan, municipality of Loon, province of Iloilo, informing the inmates of the house that there was a letter for Leodegario. As soon as Leodegario reached the ground, carrying a lamp with him, Camina struck his hand holding the lamp and the lamp fell down and the light was put out. Then Tano pointed a rifle at Leodegario, while Camina tied his hands at the back. After giving a blow on the face of Leodegario, Tano ordered his companions to take Leodegario to the river bank 40 meters away. Then Tano, Camina and Caldito went up the house, each carrying with him a firearm. They searched the house, and upon seeing a trunk forced it open and took away some pieces of men's and women's apparel and an envelope containing P210.00.
The evidence shows that after the money had been taken away Tano dragged Herminigilda, pushing her down the floor. Tano then placed himself on top of Herminigilda, while his companions held her legs apart. He gave a blow at her left thigh and tore her "panty" away and then had intercourse with her. After this Camina also had access to her, while his companions held her down. Caldito also did this. After raping her, they went down the house and, thereafter, all of them ran away.
Counsel for appellant Tano argues that there is no sufficient evidence to sustain the finding that appellant had access to the offended party, for the reason that the physician who examined her made no examination of her private parts. That no such examination was made is true; the physician who examined Herminigilda found a contusion on the face of her left thigh (Exhibit "M"), but made no mention of having examined her private parts or having found evidence involving intercourse forced on her.
We have, however, carefully examined the evidence in this respect and we found that Herminigilda testified that when Tano placed himself on top of her, she scratched his face, but Camina came and took hold of, and then stretched her legs apart to aid Tano; that Tano hit her on the lap and tore away her "panty"; that her "panty" had a coloration at the lower part caused by the semen of Tano while on top of her (t.s.n. pp. 16-18). Her testimony is corroborated by the finding of a contusion on her left thigh and of a coloration of her "panty" which was produced to the court. Besides, the offended party expressly declared that Tano was able to have carnal knowledge of her (Id, pp. JS-19). It is a well-known fact that women, especially Filipinos, would not admit that they have been abused unless that abuse had actually happened. This is due to their natural instinct to protect their honor. We can not believe that the offended party would have positively stated that intercourse took place unless it did actually take place.
Another circumstance which supports the claim that rape was committed is the fact that following the day of the commission of the crime of rape, the offended party stated in her affidavit that the three accused, including appellant Tano, had taken turns in committing the crime of rape on her. The imputation of rape is not, therefore, the prpduct of fabrication, because no appreciable time had elapsed between the commission of the rape and the execution of tile affidavit.
Lastly, the trial judge who heard the offended party testify believed her testimony and found that rape was actually committed. We find nothing to indicate that the court's findings in this respect are not correct. We are, therefore, forced to the conclusion that the claim of appellant Tano that the rape imputed to him was not sufficiently proved, is without merit.
We also agree with the trial court that four aggravating circumstances, namely, commission by a band, taking advantage of nighttime and dwelling, and use of superior strength attended the commission of the offense. There being no mitigating circumstance in appellant's favor, the penalty should be imposed in its maximum degree.
The judgment of conviction appealed from should, therefore, be as it hereby affirmed. With costs against appellant.
Paras, C.J., Bengzon, Padilla, Bautista Angela, Reyes, J.B.L., Barrera, Gutierrez David, and Paredes, JJ., concur.
Judgment affirmed.