Group 6: Arecar Reforsado John Paul Ragiles Jovelyn Bebanco Joel Malcolm Jabal

PEOPE O! "#E P#$$PP$%E&' plain(iff)appellee' vs* PE+RO BA$AO EMPA%"E , -PE"ER'. accused)
appellan(*
G*R* %os* /01662 and /03446)43* April 5/' /444
Facts: Accused)appellan(' Pedro B* Empan(e' is married (o !laviana $n(ong Empan(e* Elvie is (he eldes( child
among (heir four children* #e is a laborer a( a 6uarry in Barangay 7nidos' Plaridel' Misamis Occiden(al 8hile
his 8ife is a domes(ic helper ou(side Plaridel and goes home only every 8ee9end*
"he firs( commission of rape (o Elvie happened on %ovember /44: 8hen she 8as only /5 and a
Grade ;$ s(uden(* A( (ha( (ime' no one 8as lef( a( home aside from her and her fa(her* &he 8as cleaning (he
living room 8hen her fa(her called him (o his room' po9ed a hun(ing 9nife a( her' pushed her (o (he bed'
removed her shor(s and pan(ies' and s(ar(ed raping her* Af(er (he inciden(' she did no( (ell her mo(her for fear
(ha( (heir fa(her 8ould 9ill bo(h of (hem 9no8ing (ha( he is a violen( man*
$n (he evening of +ecember 5:' /446 8hen she 8as supposedly going 8i(h her mo(her (o (he church
bu( (he accused)appellan( as9ed her (o s(ay' (he second commission of rape happened* "he accused)appellan(
se<ually abused Elvie 8hile poin(ing a 9nife a( her side*
On January /=' /443' she 8as again moles(ed by her o8n fa(her* "he ne<( morning af(er (he inciden('
Elvie 8en( (o her grandmo(her>s house (o (ell her (he s(ory since her mo(her lef( (heir house (o 8or9 in Manila*
"he grandmo(her (hen repor(ed (he inciden( (o (he barangay cap(ain 8ho referred (hem (o (he police and
advised (hem (o (a9e Elvie (o (he hospi(al for e<amina(ion*
Af(er e<amina(ion' (hree cases 8ere filed agains( (he accused)appellan( bu( he pleaded no( guil(y*
#o8ever' on June 51' /443' he as9ed (he cour( (o change his plea from no( guil(y (o guil(y* %ever(heless' (he
(rial cour( sen(enced him 8i(h dea(h penal(y even (hough he pleaded guil(y* #ence' (his appeal*
Issue: ?he(her or no( (he (rial cour( erred in imposing (he dea(h penal(y despi(e (he plea of guil(y and (he
defense of in(o<ica(ion 8hich should mi(iga(e his liabili(y (o reclusion perpe(ua@
Ruling: %o* "he Aour( affirmed (he decision of R"A e<cep( for (he increase of indemni(y in each case from
Php21'111*11 (o Php32'111*11 and (o pay her P21'111*11 as moral damages*
"he Aour( 8as no( persuaded by (he defense of in(o<ica(ion because (here is no inconsis(ency 8i(h
Elvie>s (es(imony and (he accused)appellan(>s version* #e 8as no( able (o sho8 (ha( his in(o<ica(ion have
impaired his 8illpo8er (ha( he could no( comprehend (he de(ails of (he rape inciden(s*
Ar(icle 002 of (he Revised Penal Aode' as amended by Republic Ac( %o* 3624 s(a(es (ha( (he dea(h
penal(y shall also be imposed if (he crime of rape is commi((ed -8hen (he vic(im is under eigh(een B/=C years of
age and (he offender is a paren(' ascendan(' s(ep)paren(' guardian' rela(ive by consanguini(y or affini(y 8i(hin
(he (hird civil degree' or (he common)la8 spouse of (he paren( of (he vic(im*.
#ence' i( (a9es (he case ou( of (he purvie8 of simple rape and effec(ively 6ualifies (he same by
increasing (he penal(y one degree higher* Dualified rape is (hus punishable by (he single indivisible penal(y of
dea(h' 8hich mus( be applied regardless of any mi(iga(ing or aggrava(ing circums(ance 8hich may have
a((ended (he commission of (he deed*