People vs Espera

FACTS:

Accused herein is found guilty by RTC and CA for two separate cases of rape by sexual assault
and sexual intercourse against victim Ana.

In Fatima, Ubay, Bohol, Ana, with her co-worker Susie, after their work from a clinic is to go
home and called for a tricycle for the purpose. They have recognized the face of the tricycle
driver because the place was lighted by the street lights and Susie recognized him as one of her
husband’s friends. Ana recognized that the driver wears a red polo shirt and maong pants. Susie
went off first the tricycle and Ana stayed because her house is about 150 meters farther than
Susie’s. But as Ana called for the driver to stop, the driver says the brake is broken and stopped
only in a quarry site stating that the motorcycle is out of gas. As Ana walks to her house, she
recognized someone following her and to see a topless man wearing maong pants and his face
covered by a red shirt and who’s voice she recognized as the tricycle driver’s. Ana then was
raped.

Two days after, Ana positively identified the appellant as the tricycle driver and her rapist. She
again positively identified him during the trial.

After being convicted for rape by the RTC and affirmed by CA, Espera argues before the SC that
the identity of the rapist to refer as him is not sufficiently proven and thus insufficient for the
conviction.

ISSUE:

WON identity of the accused herein is sufficiently proven as the accused?

HELD:

Yes, Espera is sufficiently identified as the accused and the perpetrator of the crime of rape
herein.

As when the victim Ana and her workmate, Susie, has positively recognized the face of the
driver as they called for his services because of the street lights lighting the place when they
boarded the tricycle and as Ana recognized the same shirt and maong pants of the man
following her as well as the voice of him to be the driver of the tricycle, the accused’s identity is
well established herein to be Espera.

More so, that when Ana positively identified Espera at the Police Station two days after and
during the trial to be the perpetrator, identity of the accused is well established herein.