People v. Barrietos proper identification.

At the investigation by the police in the afternoon of

GR# 119835 | 285 SCRA 221| January 28, 1998 February 12, 1992, the complainant described the person who ravished her as
Petitioner: THE PEOPLE OF THE PHILIPPINES one of bulging eyes, of fair complexion, sturdily built in body, and with a scar at
Respondent: JOSEPH BARRIENTOS the right arm at the elbow joint.
2. The accused fits the description given by the offended party. At the
DOCTRINE: Familiarity with the physical features of a person is an acceptable way for confrontation between the accused and the offended party in the Office of the
proper identification. Chief of Police, the offended party was able to positively identify the accused
as the person who ravished her twice in the afternoon of February 11, 1992.
FACTS She found the identifying scar in the part of the body of the accused where she
1. Exaltacion Lopez, a 50-year old teacher, testified that at about 5:30pm, in her said the same can be located. She was able to recognize the voice, the fair
classroom at the Molave Regional Pilot School, she was suddenly held from complexion of the accused, his bulging eyes and his body built.
behind by a man in pink jogging pants. The man was naked from waist up 3. The positive identification made by the complainant of the person who took
except for his face which was wrapped in "ninja" fashion. The intruder grabbed away her honor has placed the defense of alibi unacceptable. Alibi cannot
Exaltacion by her right hand, and pointed a batangas knife at her neck. prevail over positive identification. Most importantly, alibi, to be convincing and
2. She attempted to snatch the knife away but that did not work. He led her to the effective, requires proof not only of the accused being at some other place at
corner of the room with the knife still being poked on her. By the time she turned the time of commission of the crime but also of being physically impossible for
her head to squarely face him, the man was already completely naked except him to be at the locus criminis or within its immediate vicinity. These
for the "ninja style" shirt that still partly covered his face. requirements are not present in the case at bar.
3. Then, holding the batangas knife with one hand, he used the other in removing
her panty. Ultimately, he succeeded in having her. When he had finished, he DISPOSITION
demanded P100 from her which she gave. He then again forcibly took her. He Petitioner found guilty beyond reasonable doubt.
then wiped himself dry using the table cloth hanging at the magazine rack.
Shortly thereafter, he departed. After recovering from the ordeal, she closed
the room and hurriedly repaired home. A police report was filed and the police
was dispatched to round up possible suspects.
4. Lopez described the rapist as a man of medium built, with fair complexion,
protruding eyes (botlogon ng mata), and a scar at the right arm.
5. A week later, Barrientos was called for questioning. So when he was presented
to Lopez at the police station, the latter immediately recognized him to be the
person who raped her.
6. The defense denied the accusation and presented 6 other witnesses to
corroborate with Barrientos’s alibi. The alibi was him staying at brother’s house,
he left Molave for Dumingag to get a ROTC uniform and attended his father’s
death anniversary. (He’s basically saying that he could not have been within
the are to have done the rape and robbery.) The RTC convicted him of the
complex crime of rape with robbery.
7. Barrietos contends that he could not have been sufficiently identified to be the
culprit by Lopez.

ISSUE
1. W/N Barrientos was sufficiently identified by Lopez?

RULING & RATIO

- YES
1. Familiarity with the physical features of a person is an acceptable way for