Inocentes Bretana and Bonifacio Davi  have appealed to this court from the judgment of the Court of  First  Instance of Iloilo convicting them of the crime of robbery in band, defined in paragraph No. 5 of article 503, and penalized in paragraph No. 1 of  article 504, of the Penal Code as principals  by direct  participation, and sentencing each of them, in view of the aggravating circumstances of nocturnity and of the crime having been committed  in an uninhabited place,  without  any mitigating circumstance  to offset them, to suffer ten years and one day presidio mayor, with the  accessories of the law, to indemnify the Precioso family in the sum of P154,65, without subsidiary imprisonment in  case  of insolvency,  in view of the amount of the penalty, and each to pay his  proportional share of the costs.

In support of their  appeal, the appellants assign the following alleged errors as committed by the trial court in its judgment: (1) The lower court erred in finding the accused Inocentes Bretaña and Bonifacio Davi guilty, beyond a reasonable doubt, of the crime  of robbery in band charged in the complaint, and  (2) the trial court erred in not acquitting the  accused Inocentes Bretaña and Bonifacio Davi  of the crime of which  they are accused.

The facts proven beyond a reasonable doubt at the trial are as follows: At about 8 o'clock on the night of March 7, 1926,  while Francisco Precioso was inspecting his carabao which was in a corral, located in a field near his house in the barrio of Macatol, municipality of Pototan, Province of Iloilo, the herein accused  Inocentes Bretaña  and Bonifacio Davi arrived, each armed with a bolo and accompanied by an unknown, armed  with a revolver, and representing themselves as Constabulary  soldiers, caught hold of him,  threatening  him with  death if  he offered  any resistance and made any out-cry,  tied his hands behind him and took him to the foot of the  stairs of his house where they were joined by three other companions also unknown, armed with bolos, and leaving  the said Francisco Precioso under the vigilance of one of them, Inocentes Bretana, Bonifacio Davi and the three other unknown went upstairs. Francisco Precioso's wife and her three daughters, named Caridad, Jovita  and  Maria, 18,  16 and 11  years of age, respectively, upon seeing the malefactors, escaped from the house with the exception of Jovita, who was caught by one of the bandits and was asked where her parents kept their money.   As she denied all knowledge of its whereabouts, Bonifacio Davi and one of the unknown took her into a room, leaving Inocentes Bretana with the  other two  unknown in the drawing-room.  Once in the room, Bonifacio Davi, who carried a light, and his  companion ordered Jovita to open a trunk which was there,  and the said Bonifacio Davi took two pairs of earrings, a  gold chain, a pearl ring, a ring set with stones and a silver comb which were in a small drawer in the trunk, and various other articles of clothing belonging to Francisco Precioso's family,  valued  at P145.70.   After  Bonifacio Davi had wrapped up all of the stolen articles, the culprits put out the light and left  the house,  taking the  said articles and Jovita Precioso with them, and,  once  downstairs,  ordered her  to  call  loudly to  her mother.  As  she did not appear, Bonifacio Davi and two of his companions took the said Jovita a distance of  about  10  meters  from  the  back  of the house  and there, by means  of force and intimidation, raped her one after the  other.   After this brutal  act, the  satyrs took her to the bottom of the stairs where her father was and left her there.  When they saw that the culprits had left, Jovita and her sister Maria untied  their father's hands, who immediately called for help and went to the municipality of Pototan to report what had happened to the local authorities.  When  Doctor  F. Cordero made a  physical examination of Jovita Precioso on March 12,1926, he found a strange  gelatinous substance resembling human  semen within the vagina.  He also found that the hymen membrane was ruptured and scarred and the clitoris was  inflamed as if a strange object had  violently penetrated in the genital organs of the girl.  Jovita Precioso, her  father and her sisters knew the accused-appellants, because Bonifacio Davi  had  been  helping  one  of their  neighbors in threshing rice.  Jovita did not immediately tell what Bonifacio Davi and his companions had done to her, because being single, she was very much ashamed.

The accused-appellants, Inocentes Bretaña and Bonifacio Davi, did not testify at the trial of the case, but attempted to prove by the testimony of their principal witnesses, Pedro Daraog and Salvador  Daraog, that from 4 o'clock in the afternoon until 10 o'clock on the night of March 7, 1926, which was Sunday, they and their witnesses were loading sugar cane  on  a  wagon of the railroad to be carried to the   Asturias Central in Capiz;  that  when they  finished their work, the  accused  Inocentes Bretana  went  to  his house accompanied by  Pedro Daraog, who amused himself with chewing buyo  (betel leaves and nut with lime)  while the  former  was  eating his supper,  after which he went to a hiding place; that the accused Bonifacio Davi and one Doroteo Marquez proceeded with Salvador Daraog to the latter's  house where the three of them  slept on a single floor mat.

They  attempted also to prove that when Francisco Precioso went to the municipal building at about half past 10 on the night of March 7, 1926 to report the robbery of his house on the same  night, he stated that he did not know any of the culprits; that the following day when the chief of Police of  Pototan, Donato Limjuco, with four policemen went to Francisco Precioso's house to investigate the  case, the latter and his  daughters  Caridad, Jovita  and Maria stated that they did not know the robbers; that it was only on the 9th of the same month that Francisco Precioso and his daughters Jovita and Maria declared before the  Constabulary  that the  accused Inocentes  Bretaña  and  Bonifacio  Davi were  two of those who had perpetrated the robbery and  subscribed the affidavits,  Exhibits D, F  and G before the justice of the peace of Pototan; that it was also on  the  same date that Jovita  Precioso, for the first time, stated  to the justice of the peace of Pototan that on the night of  the robbery she had been raped by the accused Bonifacio Davi and two of his companions, one after another; that  Francisco  Precioso, upon  being  asked by the chief of police why he did not denounce the accused Inocentes Bretaña and  Bonifacio Davi when the  preliminary investigation was made, said that he had kept quiet  because he was afraid.

It will be seen that  the only  point in question is the identity of the criminals.  The reason why Jovita Precioso and her father Francisco Precioso did not immediately tell that the herein accused-appellants were the ones who entered  their house and robbed them of their jewelry  and clothes in company  with other four unknown persons, was that the threats of  death which had been made by the accused-appellants produced such an effect upon their minds that the fear that  they would carry them out prevented them from revealing their names.   This fear is not strange when it is taken into consideration that Francisco Precioso and his family lived  in an uninhabited place, at the mercy of any knave who might wish to injure them.

Neither will it seem strange to anyone who knows the peculiarities of the young Filipina country girl that Jovita Precioso kept quiet about the outrage  of her honor which had been made by the accused Bonifacio Davi and two of his companions.   She herself explains  her  silence by saying that being single, she was very much ashamed of her dishonor and  her  modesty prevented  her from revealing the fact that  her virginal  purity had  been sullied.   This same reluctance to expose her shame, notwithstanding that it  was caused against her will and by means of force, is proof of her veracity, especially when it has not been proven that she had not the slightest motive for accusing the said defendants.

The evidence of the alibi alleged by the accused which consists principally of the mere testimony of their companions who  worked with them is not  of sufficient weight to overthrow the clear and positive evidence of the prosecution with respect to their  participation in the commission of the crime of robbery with rape now before us.

The court below, upon the  facts proven at the trial, has found that the crime is that  of robbery in band,  provided for in paragraph No. 5 of article 503 in connection  with paragraph  No. 1 of article 504  of the Penal Code.   The evidence shows,  however, that immediately after the robbery,  the accused Bonifacio Davi,  with  two of his unknown companions, carried  Jovita Precioso about 10 meters from the house,  and by means  of force and  intimidation, she was raped by the three,  one after  another, being held down on the ground face upward, by two while the other outraged her.   These two criminal acts committed on the  same occasion constitute the complex crime of robbery with rape defined and penalized in paragraph No. 2  of article 503 of the Penal Code, the  penalty provided by law being cadena  temporal in its medium degree to cadena perpetua; and the persons criminally liable being not only those who took direct part in the robbery as well as in the rape, but also those who,  like Inocentes Bretaña and his other companions, took part in the robbery and witnessed the rape, for it does not appear that they made any attempt to prevent its  consummation, in accordance with the provisions of paragraph No. 2 of article 505 of the Penal Code (U. S. vs. Tiongco, 37  Phil., 951).  In the  application of the penalty there should be taken into consideration the aggravating circumstances  of  nocturnity and  the fact that it was committed in an  uninhabited place, and in band, the last not  being a qualifying circumstance of robbery with rape, on account of said complex crime not being included in the provisions of article 504 of the same Code, the same not being offset by any mitigating circumstance; wherefore the penalty provided by law  must be imposed in its maximum degree, or cadena perpetua.

For the  foregoing,  the appealed  judgment  is  modified and the accused-appellants Inocentes Bretaña and Bonifacio Davi are found guilty of the complex crime of robbery with rape and each of them is  sentenced to suffer the penalty of cadena  perpetua,  the judgment appealed  from, being affirmed in all other respects, with  his proportional share of the costs.  So ordered.

Avanceña, C. J., Johnson,  Street,  Villamor,  Ostrand, Johns, and Romualdez, JJ., concur.