1. CRIMINAL LAW; RAPE; INFLAMED CONDITION OF PRIVATE PARTS VISIBLE TO THE NAKED EYE; PREVIOUS EXPERIENCE OF EXAMINING PHYSICIAN NOT NECESSARY. — The finding about the inflamed condition of the private parts of a victim of rape requires no past experience on the part of the examining physician where the inflammation is visible to the naked eye and nothing but rape could have evidently produced it. The inflammation could not have been produced in the ordinary course of cohabitation with her husband who would not have used force as the assailant did, to have intercourse with her.

2. ID.; ID.; FAILURE OF VICTIM TO ANSWER QUESTIONS AS TO THE RAPE; WHY NOT NECESSARILY A DENIAL OF THE RAPE. — The conduct of a woman who complained of having been raped, of crying, instead of answering, when asked by the authorities about the rape, is not a denial of the rape. She must have been ashamed that she had been the victim of such a heinous offense and all she could do was cry when she was pointedly asked the questions.

3. EVIDENCE; CONDUCT OF AGGRIEVED SPOUSES IN LEAVING THE BARRIO; WHAT IT INDICATES. — The conduct of the spouses in leaving the barrio soon after the commission of the crime against them indicates that the authors must have been suspected to be their own barriomates or neighbors.

4. ID.; IDENTIFICATION OF ACCUSED; FAILURE OF WITNESS TO NAME ACCUSED NOT FATAL TO HIS TESTIMONY. — The fact that the witness may not have known the name of one of the accused is no reason for holding that there was no identification by him of said accused.

5. ID.; UNCORROBORATED GENERAL STATEMENT OF A WITNESS; WHEN POSITIVE TESTIMONY OF FOUR WITNESSES NOT OVERCOME. — A general statement by one of the defense witnesses to the effect that two of the accused were in his house two days before, on the day of, and during the four days after, the commission of the crime, especially when not corroborated by other witnesses entitled to credence, cannot overcome the testimony of no less than three persons who saw the robbers, two having seen them going up the house and by a fourth one who actually saw them together armed early in the evening of the robbery, before the commission of the same.

Appeal from a judgment of the Court of First Instance of Iloilo, finding defendants Anatalio Prado, Ricardo Pelgrin and Juanito Eulogio guilty of the complex crime of robbery with rape, with the aggravating circumstances of nocturnity and dwelling of the offended party, and sentencing each of them to suffer the penalty of reclusión perpetua, the three of them jointly and severally to indemnify Priscilla Forro in the sum of P4,000, also to indemnify the offended parties Hermenegildo Pillo and Priscilla Forro in the sum of P553.00, the value of carabaos and articles taken away, without subsidiary imprisonment in case of insolvency, and to pay 1/3 of the costs each.

On and before August 7, 1956, spouses Hermenegildo Pillo and Priscilla Forro lived in a small house in the barrio of Nalibugan, Municipality of Calinog, Province of Iloilo. They had two children of minor age. In the night of August 7, 1956, one Jesus Laviste was also at their house because he had come to collect from them payment of a loan of palay borrowed by the spouses. The house was only 5 meters by 3 meters in size. The floor was less than a meter from the ground and access thereto was by means of a bamboo stair with two steps. The door was closed by a shutter. This was fastened by a small string in the upper corner. The house had also a window at one side. The kitchen was in a small corner of the house.

At about 8:00 that evening of August 7, when the family and the guest were still awake, a voice was heard at the foot of the stairs near the window, calling "pare, pare, pare," (friend, friend, friend). Hermenegildo immediately stood up, went to the window and opened it, and saw five individuals in front of the house. His older child went to the door to open the shutter, but in trying to do so the shutter fell down. Thereupon Hermenegildo approached the door, and as he did so, defendant Juanito Eulogio pulled him down below to the ground. There he was hogtied, boxed and kicked by Juanito and his companions. He saw that the five persons down below were, aside from Juanito, Anatalio Prado, Ricardo Pelgrin, Agustin Cepeda and Luciano Pelgrin. After having hogtied him, two of the five persons went up. They were the accused Juanito Eulogio and Luciano Pelgrin. The other three were left behind to guard Hermenegildo. Of the three who were left behind, one held a carbine, which he pointed at Hermenegildo, while the other two carried fighting boloes. Juanito Eulogio was carrying a revolver, while Luciano his companion was unarmed. Juanito immediately ordered Laviste to lie down flat on the floor, face downwards, and Laviste did as ordered. He also ordered Priscilla to sit down in a corner. They then proceeded to ransack the room and the personal belongings of the spouses, putting the clothes, jewels and rice that they wanted to take in two small sacks.

Once the ransacking was over, Juanito ordered Priscilla to lie down flat on the floor, face upwards, and after giving his pistol to Luciano Pelgrin, he placed himself on top of her and had carnal intercourse with her against her will. This was done while Pelgrin directed the revolver at Priscilla. After Juanito had satisfied his carnal desire, he took the revolver from Pelgrin and the latter also lay down flat on Priscilla and satisfied his bestial desires on her. When Pelgrin stood up, Juanito again gave the revolver to Pelgrin and had a second intercourse with Priscilla, and after this was done, Pelgrin in turn handed the revolver to Juanito and also had a second intercourse with her. After this was done, they went down the house, and together with the three left downstairs went away, bringing Hermenegildo with them. As they went away, they also took a female carabao of Hermenegildo together with its two calves. After continuing along with them for some distance, Juanito untied Hermenegildo and told him to say his prayers as he was going to kill him, but instead of doing so he ran to his companions and all went away.

The above story is testified to by Hermenegildo Pillo and his wife Priscilla Forro, and Jesus Laviste. Pillo recognized the three members who stayed down below as Anatalio Prado, Agustin Cepeda and Ricardo Pelgrin. However, the only ones who could be charged as accused are the defendants-appellants Anatalio Prado, Ricardo Pelgrin and Juanito Eulogio, as the others have not yet been apprehended.

The day after the incident, Hermenegildo Pillo proceeded to the barrio lieutenant to inform him of the robbery. The barrio lieutenant accompanied him to the Chief of Police, who sent three policemen with them to the house of Hermenegildo Pillo to investigate the robbery. However, Hermenegildo did not at that time disclose the names of the persons who had committed the robbery.

A certain José Fernandez, who lived near the road leading to the house of Pillo, had seen five men on the evening in question, four of whom were armed, one with carbine, another with revolver and two others with fighting boloes, but he did not recognize any one of them except Luciano Pelgrin. He noticed that they were going into the direction of Pillo’s house. On August 22, Priscilla Forro went to the Municipal Health of Calinog for the purpose of having her private parts examined. The physician made the following findings:jgc:chanrobles.com.ph

"Physical examination:chanrob1es virtual 1aw library

General Survey: Fairly nourished and fairly developed female subject External Findings:chanrob1es virtual 1aw library

1. Breasts Rounded, soft in consistency, globular in outline, slightly sagging; nipples protruding and lactating.

2. Abdomen Presence of Lina Gravidarum

3. Pubic Hair Abundant and evenly distributed

4. Labia Majora Fleshy and supple with reddish coloration with the presence of an old healed laceration on it’s posterior aspect corresponding to 6:00 o’clock on the face of the clock

Internal Findings:chanrob1es virtual 1aw library

1. Vagina Admits 2 fingers easily with evidence of slight bleeding

2. Labia Minora Inflamed, congested and tender with erosion on the right lateral fornix

3. Hymen Ruptured irregularly with presence of carancula myrtiformis

4. Cervix Markedly tender with minute erosions reddish in color from which punctiform hemorrhages occur.

CONCLUSION: "SEXUAL INTERCOURSE PREVIOUSLY CONSUMMATED."cralaw virtua1aw library

After the investigation of the robbery by the police authorities of Calinog, Pillo went to the barrio of Luag with his wife. Pillo was then suffering from stomachache and he went there for treatment. After treatment, he and his wife went to the barrio lieutenant to report the robbery. Barrio Luag belongs to the municipality of Dueñas, far away from Calinog. Pillo had brought his children with them because they were afraid they may be killed by the persons who had robbed them. Twenty days after their transfer to Luag, Pillo and his wife again went to the Municipality of Calinog and then reported to the police lieutenant the names of the three robbers, namely, Anatalio Prado, Agustin Cepeda and Luciano Pelgrin. So the corresponding affidavits against these were executed. Jes