THE PEOPLE OF THE PHILIPPINES, PLAINTIFF AND APPELLEE, VS. PORFIRIO TAÑO, ET AL., DEFENDANTS. PORFIRIO TAÑO AND DIONISIO CANTONG, DEFENDANTS AND APPELLANTS.

People versus Taño

The Case

This is the People of the Philippines against Porfirio Taño and his companions, a criminal appeal from a conviction for robbery in band with rape. Taño and several others were charged with entering the home of the spouses Leodegario Domingo and Herminigilda Domingo at night, robbing them at gunpoint, and then raping Herminigilda in turn. The case matters to a reviewee for two reasons: it shows how the Supreme Court treats the sufficiency of evidence in rape where no internal examination was made, and it illustrates the correct appreciation of aggravating circumstances in a crime committed by a band.

Procedural History

The case was tried in the Court of First Instance of Iloilo. The trial court found Porfirio Taño, Guillermo Camina, and Roman Caldito guilty beyond reasonable doubt of robbery in band with rape, sentenced each to reclusion perpetua, and ordered them to indemnify the offended parties jointly and severally in the amount of 210 pesos. The same court found Dionisio Cantong and Maximino Calico guilty only of simple robbery in band and sentenced them for that offense.

Porfirio Taño and Dionisio Cantong appealed. While the case was pending before the Supreme Court, Cantong withdrew his appeal. The appeal that remained for resolution, and the only one decided here, was that of Porfirio Taño.

Facts

On the evening of July 25, 1955, at about eight o'clock, several persons came to the house of the Domingos in barrio Talacuan, Loon, Iloilo, and told those inside that there was a letter for Leodegario. When Leodegario came down carrying a lamp, Camina struck his hand, the lamp fell, and the light went out. Taño pointed a rifle at him while Camina tied his hands behind his back. After a blow to the face, Taño ordered that Leodegario be taken to the river bank some forty meters away.

Taño, Camina, and Caldito then went up the house, each armed. They searched the premises, forced open a trunk, and took pieces of men's and women's apparel and an envelope containing 210 pesos.

After the money was taken, Taño dragged Herminigilda and pushed her down. He placed himself on top of her while his companions held her legs apart. He struck her left thigh, tore away her undergarment, and had intercourse with her. Camina then did the same while the others held her down, and Caldito followed. After the rapes, the group went down the house and fled. The physician who examined Herminigilda found a contusion on her left thigh but made no examination of her private parts.

Issues

• Whether or not the evidence was sufficient to sustain the finding that Taño had carnal knowledge of the offended party, despite the absence of an internal medical examination.
• Whether or not the aggravating circumstances of commission by a band, taking advantage of nighttime and dwelling, and use of superior strength attended the commission of the offense.

Applicable Provisions

The decision applies the rule on aggravating circumstances under the Revised Penal Code, which provides:

Aggravating circumstances are those which, if attendant in the commission of the crime, serve to increase the penalty without, however, exceeding the maximum of the penalty provided by law for the offense.

This bears on the case because the Court found four aggravating circumstances and, with no mitigating circumstance in the appellant's favor, imposed the penalty in its maximum degree.

Ruling

On the first issue, the Court held that the evidence was sufficient. The absence of an internal examination did not defeat the charge, because the offended party testified that when Taño placed himself on top of her she scratched his face, that Camina held her legs apart, that Taño struck her and tore away her undergarment, and that the garment bore a coloration at its lower part caused by semen. Her testimony was corroborated by the contusion on her left thigh and by the garment itself, which was produced in court. She expressly declared that Taño had carnal knowledge of her.

The Court relied on the well-known fact that women, especially Filipinas, would not admit that they had been abused unless the abuse had actually happened, owing to their natural instinct to protect their honor. It also noted that the day after the crime she stated in her affidavit that the three accused had taken turns in raping her, so the imputation was not a fabrication, no appreciable time having elapsed between the crime and the affidavit. Finally, the trial judge who heard her believed her testimony, and the Court found nothing to show that this finding was incorrect.

On the second issue, the Court agreed with the trial court that four aggravating circumstances attended the offense: commission by a band, taking advantage of nighttime and dwelling, and use of superior strength. There being no mitigating circumstance in the appellant's favor, the penalty was imposed in its maximum degree.

Doctrine

First, the testimony of the offended party in rape, if credible and corroborated by physical evidence such as a contusion and a stained garment, is sufficient to sustain a conviction even without an internal medical examination. The absence of such an examination is not fatal, because the finding of rape may rest on the victim's positive and credible testimony.

Second, a Filipino woman will not admit that she has been abused unless the abuse actually happened, owing to her natural instinct to protect her honor. This is a settled rule of evidence and experience that the courts apply in assessing credibility.

Third, where aggravating circumstances attend the commission of the crime and no mitigating circumstance is present in the appellant's favor, the penalty must be imposed in its maximum degree.

Disposition

The Supreme Court affirmed the judgment of conviction of Porfirio Taño, with costs against him.

Remember This

The single line worth memorizing is that a woman, especially a Filipina, will not admit that she has been abused unless the abuse actually happened, so her positive testimony, corroborated by physical evidence, sustains a rape conviction even without an internal examination. Examiners use this case to test the sufficiency of evidence in rape and the proper appreciation of aggravating circumstances in robbery in band with rape.