BALINTUWAD

and

Inay, May Momo!

Submitted By: Tan, John Lester A. PS0932

Submitted To: Prof. Johnelyn Tangpus

 Balintuwad

PEOPLE OF THE PHILIPPINES vs. JOAQUIN et. al.

CRIMES COMMITTED: Special Complex Crime of Rape with Homicide.

FACTS: This crime happened in Laurel, Batangas in 1996. A 15-year old epileptic girl

named Valerie was kidnapped by her own godfather Joaquin, Tecson and Morales on

the night of Mia’s prom. She has gone for five days in their town. Nilda, her mother, and

Mia, her sister, even tried to find her in the next town but she was not there. Until two

students went secretly to smoke away from their school and smelled a foul odor near

the abandoned house. They reported it immediately to the school. Ester, Val’s teacher,

and Morales found Valerie’s corpse on the well on the said house. Autopsy told that she

was raped by not just one but a group of men. After they raped her, they brought and

throw her living body in the well. She died due to asphyxiation or death due to

suffocation. Until one day, she found a piece of Valerie’s necklace in the abandoned

house near the school. She even went to the back stage of Valerie’s school and found a

towel that belonged to Eloy Joaquin. A balut vendor went to the police station and

confessed that when he was on his way home after he sold his balut, he heard a noise.

He was nervous at that time so he didn’t decided not to get away until he found a group

of men went out near the crime scene. With all the evidences the policemen had, they

caught Morales and Joaquin via warrant of arrest. They even caught Tecson who was

hiding from the crime he committed. Morales confirmed that they raped and killed

Valerie but the masterminds were both Tecson and Joaquin. Their real target was Mia

but they were failed to kidnap and rape her for the latter had many friends surrounding
to her so they didn’t had the chance. Morales even confirmed that Joaquin was the one

who stopped Valerie while she was attacking her epilepsy. He even saw Valerie begging

and crying to them. Tecson and Joaquin were also the ones who dropped Valerie’s body

on the well.

ISSUE: Whether or not Joaquin, Tecson, and Morales are all liable in committing a

Special Complex Crime of Rape with Homicide?

RULING: Hon. Judge John Lester Tan ruled out that both Joaquin and Tecson were only

committed a Special Complex Crime of Rape with Homicide to Valerie. In this special

complex crime of rape with homicide, the following elements must concur: (1) the

appellant had carnal knowledge of a woman; (2) carnal knowledge of a woman was

achieved by means of force, threat or intimidation; and (3) by reason or on occasion of

such carnal knowledge by means of force, threat or intimidation, the appellant killed a

woman. Autopsy showed that she was raped by not just one but a group of men which

were Joaquin and Tecson. There was indeed a carnal knowledge happened. This fact is

counted in the first element. Joaquin, Tecson, and Morales showed force to Valerie

before raping her. In fact, Tecson was also the one who attacked Valerie while she was

alone in the stage. The carnal knowledge was achieved through force in this situation.

This fact is counted in the second element. Joaquin and Tecson killed Valerie by

throwing her body on the well in which they had the intention to drown her and later died

due asphyxiation or death due to suffocation. This fact is also counted in the third

element. The three elements of Special Complex Crime of Rape with Homicide were all

present in the case. These elements were supported by the facts of this case. Article

335 of the Revised Penal Code, in relation to Republic Act No. 7659, provides that when
by reason or on the occasion of the rape a homicide is committed, the penalty shall be

death. However, in view of the passage on 24 June 2006 of R.A. 9346, the proper

penalty is reclusion perpetua without eligibility for parole. In relation to Joaquin and

Morales, they were merely the conspirator in the crime. They knew the criminal intention

because they knew themselves to decide upon such course of action which is to rape

Valerie instead of Mia. However, in relation to Morales who confessed the whole crime

in the Court they committed, he was merely an accomplice only for he agrees only to

cooperate in the execution of the crime. This was supported by the fact that he will go

with Tecson and Joaquin because they will do something that night which is to rape

Valerie. He merely assent to the plan and cooperate in its accomplishment. He only

concurred to both Joaquin and Tecson that they will commit a crime to Valerie after they

saw her on the stage being alone. He did not rape Valerie in the first place, and he was

also not the one who threw her body on the well. Although conspirators and

accomplices had one thing in common which was they knew and agree with the criminal

design, conspirators were the real authors of the crime while the accomplice was merely

their instruments. The liability in conspiracy is collective, while the liability in of an

accomplice is one degree lower than that of a principal. Thus, Morales was only liable to

Attempted Rape for he did not succeed to have sexual intercourse with Valerie due to

his own desistance to the crime he will commit and due to Valerie’s epileptic attack as

said above. Although he was only an accomplice to the crime yet he was liable in the

crime of Attempted Rape for he had an attempt. Article 6 of the Revised Penal Code

states that there is an attempt felony when the offender commences the commission of

a felony directly by overt acts, and does not perform all the acts of execution which
should produce the felony by reason of some cause or accident other than his own

spontaneous desistance. The prevailing rate of indemnity for each count of attempted

rape is P30,000.00 as civil indemnity, P25,000.00 as moral damages and P10,000.00

as exemplary damages.
CITATIONS:

CASE 1: G.R. No. 181943, August 28, 2008.

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. RICARDO NOTARION y

ZANORIA, Accused-Appellant.

The above-named accused by means of violence and intimidation, did then and there

willfully, unlawfully and feloniously have sexual intercourse with one AAA against the

latter’s will and with intent to kill, did then and there willfully, unlawfully and feloniously

attack, assault and stab said AAA with the use of a hunting knife, hitting the latter on the

different parts of her body which caused her death. Post-mortem examinations told that

AAA was raped and died of asphyxiation secondary to strangulation. The three

elements of Special Complex Crime of Rape with Homicide were all present in here.

The Decision of the Court of Appeal finds the accused, RICARDO NOTARION, guilty

beyond reasonable doubt of the Special Complex Crime of Rape with Homicide falling

under Article 335 of the Revised Penal Code as amended by RA 4111. The Court

hereby sentences the accused to suffer the penalty of death without the award of the

exemplary damages.
 CASE 2: G.R. No. 65175, April 15, 1988.

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. MARCELINO GUARNES y

LANZUELA, Accused-Appellant.

The above-named accused, with lewd designs and by means of force and violence, did

then and there wilfully, unlawfully and feloniously have carnal knowledge with one

Marcelina Apundar, a woman, against her will and consent and without her giving

provocation to it; and that the said accused, by reason and on the occasion of the said

rape, with intent to kill, did then and there wilfully, unlawfully and feloniously attack,

assault and strangulate with his hands said Marcelina Apundar and placed earth and

leaves of bamboo on the latter's nose and mouth, thereby preventing her from breathing

and as a consequence thereof said Marcelina Apundar died of asphyxation. The three

elements of Special Complex Crime of Rape with Homicide were all present in here.

The Decision of the Regional Trial Court of Pili, Camarines Sur finds the accused,

Marcelino Guarnes y Lanzuela, guilty beyond reasonable doubt of the Special Complex

Crime of Rape with Homicide punishable under Article 335 of the Revised Penal Code

as amended by RA. No. 2632 and R.A. 4111 and hereby sentencing Id accused with the

penalty of death. The Court did not affirm the commutation of death penalty to reclusion

perpetua pursuant to Article III, Section 19 of the Philippines Constitution, and the

increase in the indemnity to the heirs of the deceased, Marcelina Apundar, which shall

be thirty thousand pesos (P 30,000.00).

 CASE 3: G.R. No. 105673, July 26, 1996.

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. ANTONIO MAGANA, Accused-

Appellant.

The above-named accused, armed with a bolo and with the use of a piece of wood, and

by means of violence and intimidation, did then and there willfully, unlawfully and

feloniously have carnal knowledge with one Odette Sta. Maria against the latter's will

that on or after the commission of said offense, the said accused did then and there

willfully, unlawfully and feloniously, with deliberate intent to kill and with evident

premeditation and taking advantage of his superior strength, assault, attack, hack and

hit her, thereby inflicting upon the latter serious and mortal wounds which were the

proximate cause of the death of her to the damage and prejudice of the heirs of the

victim. Post-mortem Examinations told that she was raped and died of shock

hemorrhagic due to the hacking wound on the neck. The three elements of Special

Complex Crime of Rape with Homicide were all present in here. The Decision of the

Regional Trial Court of Daet, Camarines Norte finds the accused, Antonio Magana,

guilty beyond reasonable doubt of Special Complex Crime of Rape with Homicide under

Article 355 of the Revised Penal Code, and sentencing him to imprisonment for life or

reclusion perpetua. The Court upholds the conviction of appellant for the crime of rape

with homicide and the order to indemnify the heirs of the deceased Odette Sta. Maria in

the amount of fifty thousand pesos (P50,000.00) for her death, twenty thousand pesos

(P20.000.00) as moral damages and ten thousand pesos (P10,000.00) as exemplary

damages.
 CASE 4:G.R. No. 100912, July 6, 1995.

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. ZALDY CRISTOBAL y

ALBARIN, Accused-Appellant.

The above-named accused, armed with a sharp instrument, by means of force and

intimidation and with lewd design, did then and there wilfully, unlawfully, feloniously have

carnal knowledge with Edna Cantubira against the latter's will and on the occasion of

the rape the said accused with intent to kill did then and there wilfully, unlawfully and

feloniously attack, assault and stab said Edna Cantubira inflicting upon the latter serious

wounds in the different parts of the body which caused her death. The three elements of

Special Complex Crime of Rape with Homicide were all present in here. The Decision of

the Regional Trial Court of Masbate, Masbate finds the accused, Zaldy Cristobal y

Albarin, guilty beyond reasonable doubt of Special Complex Crime of Rape with

Homicide under Article 355 of the Revised Penal Code, and sentencing him to suffer the

penalty of reclusion perpetua, the accessory penalties thereof, and to indemnify the

heirs of the deceased in the amount of thirty thousand pesos (P30,000.00) without

subsidiary imprisonment in case of insolvency and to pay the cost.

 CASE 5: G.R. No. 125330, September 9, 1999.

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. GODOFREDO TAHOP,

Accused-Appellant.

The above-named accused dragged Asuncion Sereño towards a secluded grassy area

in the plantation. After a while, the accused hit Asuncion on the head with a bottle of

Pepsi Cola sending her to the ground. Then, he embraced her, removed her panties

and raped her. After the sexual assault, he stabbed her and hacked her to death several

times with a bolo. Her laboratory and autopsy reports indicated that the victim was

raped and died due to incised wounds . The first and third elements were only present in

here. The Decision of the Regional Trial Court of Calubian, Leyte finds accused,

Godofredo Tahop alias “Dodong Gamay”, guilty beyond reasonable doubt of Special

Complex Crime of Rape with Homicide under Article 355 of the Revised Penal Code,

and sentencing him to suffer the penalty of death is affirmed. The accused is ordered to

indemnify the heirs of the victim Asuncion Sereo one hundred thousand (P100,000.00)

as death indemnity and fifty thousand pesos (P50,000.00) as moral damages.

REFERENCES: www.chanrobles.com
 Inay, May Momo!

PEOPLE OF THE PHILIPPINES vs. PINONG

CRIMES COMMITTED: Separate and Distinct Crimes of Rape and Murder.

FACTS: This crime happened in Magdalena, Laguna. Minda and Ernesto are married

couple. They had a daughter named Nene. Pinong, Ernesto’s friend, liked Minda very

much even though the latter was already married. Pinong can’t help but to think of

Minda in his mind every time he sleeps. But, Minda rejected Pinong. He was known in

their town as a “lasenggero”, a bad image in the eyes of the people in their town and an

illegitimate child of Aling Greta, his mother. Until came one rainy night after a drinking

spree Pinong, his brother and Ernesto came to the latter’s house to get Pinong’s itak.

Pinong went back to Ernesto’s house and asked him if they could talk to one another

when he suddenly slashed him using his itak. After he killed him, he raped Minda with

an itak in his hands. He even caused Nene to lose her consciousness after she

accidentally hit her head in a bamboo. After raping her, he took Minda and Nene in a

boat and throw the latter’s body in the river in which Minda swam immediately to help

her daughter. He used the “palo-palo” of the boat to hit them but unfortunately, he hit

Nene’s head which cause her consciousness. After Nene regained her consciousness,

they ran to seek help. The day after that, the people in their town discovered Ernesto’s

body on a muddy pit. Minda filed a case against Pinong. She explained the details on

how Pinong raped her. The policemen had a warrant of arrest to Pinong but he escaped

from the crime he committed and he was on the other town according to her mother.

Her mother even offered money to Minda to move the case and tried to make false
stories in their town that Minda had a secret relationship to Pinong. But they rejected it.

Nene had soon series of nightmares that there was a “Momo” in which in turn was

Pinong holding a bolo in his hands trying to kill them. Nene had trauma in the crime that

Pinong committed. Then, they decided to have a lawyer in their case against Pinong.

Days passed, Aling Greta soon realized on what his son had done which leads to his

caught in the hands of the policemen.

ISSUE: Whether or not Pinong is liable in the two crimes he committed which were

Separate and Distinct Crimes of Rape and Murder?

RULING: Hon. Judge John Lester Tan ruled out that Pinong committed a crime of Rape

to Minda and Murder to Ernesto. The elements of Rape is committed by a man is

committed by a man who shall have carnal knowledge of a woman under any of the

following circumstances: (1) Through force, threat, or intimidation; (2) When the

offended party is deprived of reason or otherwise unconscious; (3) By means of

fraudulent machination or grave abuse of authority; and (4) When the offended party is

under twelve (12) years of age or is demented, even though none of the circumstances

mentioned above be present. Pinong had carnal knowledge to Minda due to the fact

that the former had sexual intercourse with her. This was also supported by the fact that

when Minda filed a case against him, she said that “pumatong……. Binaboy niya ako…”

Minda was threatened and intimidated by Pinong that if she didn’t have sex with him,

they will be killed using his itak. She was also forced by Pinong to have sex with her

when the latter forcely open the skirt of the former and inserted his penis. There was a

force including the threat or intimidation of Pinong to Minda that has been achieved.

This fact is counted in the first element. Minda didn’t have the reason to follow Pinong’s
order to him for she and her daughter will be killed by him. She was deprived of her

reason that leaved her no choice but to raped by Pinong. This fact is counted in the

second element. Pinong also had an itak with his hands to show that he was superior to

Minda in which the latter will follow the orders of the former. There was indeed a grave

abuse of authority of towards Minda. This fact is also counted in the third element. The

elements of Rape were all present in the case except for the fourth element. These

elements were also supported by the facts of the case. The punishment for the crime of

Rape will be reclusion perpetua. The elements of Murder is committed by any person

shall kill another with the death of the person killed and under any of the following

circumstances: (1) With treachery, taking advantage of superior strength, with the aid of

armed men, or employing means to weaken the defense or of means or persons to

insure or afford impunity; (2) In consideration of a price, reward, or promise; (3) By

means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel,

derailment or assault upon a street car or locomotive, fall of an airship, by means of

motor vehicles, or with the use of any other means involving great waste and ruin; (4)

On occasion of any of the calamities enumerated in the preceding paragraph, or of an

earthquake, eruption of a volcano, destructive cyclone, epidemic or other public

calamity; (5) With evident premeditation, and (6) With cruelty, by deliberately and

inhumanly augmenting the suffering of the victim, or outraging or scoffing at his person

or corpse. Ernesto didn’t know that he will be attacked unexpectedly by Pinong using

his itak. Ernesto thought that he was called by Pinong to talked about something but

later on he was attacked. He was not in the position to defend himself. Treachery is

committed when the offender had a sudden and unexpected attack without the slightest
provocation on the part of the person he attacked. This fact is counted in the first

element. After Pinong got his itak in the house of Ernesto, he went back and planned to

kill Ernesto. In the first place, Pinong already had the plan to kill Ernesto. It was due to

the fact that when they were on a drinking spree, Pinong said to Ernesto: “Eh kaya lang,

paano na iyan? Baka kunin ka na ng langit…” When he said these lines to Ernesto

although it was in a form of a joke, he already had the plan to kill him. The essence of

evident premeditation is that there must be a showing of a plan or preparation to kill.

This fact is also counted in the fifth element. The two elements of Murder were present

in the case. The elements were supported by the facts of this case. The punishment for

the crime of Murder will be reclusion temporal in its maximum period to death.
CITATIONS:

CASE 1: G.R. No. L-29091, April 14, 1977.

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. JOSE OMEGA, Defendant-

Appellant.

The above-named accused raped and strangulated Juanita Lingad in a bamboo grove

beside a creek. The accused used a rope to tie around the victim’s neck in which the

element of carnal knowledge was achieved by means of force. This was one of the

elements of Rape. The accused also raped the victim due to the issuance of a medical

certificate. The victim died of asphyxiation by strangulation. The accused killed the

woman with the use of a hard object that caused a contused wound exposing ta portion

victim’s skull. This was one of the elements of Murder that the victim was killed. The

Decision of Court of First Instance of Bataan finds the accused, Jose Omega, guilty

beyond reasonable doubt of Separate and Distinct Crimes of Rape, as defined under

Article 335 of the Revised Penal Code, and of Murder, as defined under Article 248 of

the same Code. The Court renders judgment for the crime of Rape, the Court hereby

sentences said accused to suffer an imprisonment of eight (8) years and one (1) day of

prison mayor as minimum to fourteen (14) years, eight (8) months and one (1) day of

reclusion temporal as maximum, while for the crime of Murder, the Court hereby

sentences the said accused to suffer a life imprisonment or reclusion perpetua; to

indemnify the heirs of the deceased Juanita Lingad in the amount of P6,000.00; and to

pay the costs in both instances.

 CASE 2: G.R. No. 133796-97, August 12, 2003.

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. BERNANDINO ALAJAY y

MANGHINAYON, Accused-Appellant.

The above-named accused with the use of force and violence did then and there

willfully, unlawfully and feloniously have carnal knowledge or sexual intercourse with

complainant-victim, Jennylyn L. Israel against her will. The first element of Rape is

present in here. The above-named accused, with treachery and evident premeditation,

which were automatically the first and fifth element of Murder, and with intent to kill with

the use of a 2X2 cocolumber, 95 centimeters long, which he was then conveniently

provided with, did then and there willfully, unlawfully and feloniously attack, assault and

struck the head of the victim Dorotheo Gabilan twice with the said cocolumber thereby

inflicting serious and mortal wound or injuries upon the latter which is the direct and

immediate cause of his death, to the great damage and prejudice of his heirs. The

Decision of the Regional Trial Court of Cagayan De Oro City finds the accused,

Bernandino Alajay y Manghinayon, guilty beyond reasonable doubt of Separate and

Distinct Crimes of Rape, as defined and under Article 335 of the Revised Penal Code,

and as of Murder, as defined under Article 248 of the same Code. The Court renders

judgment for the crime of Rape, the Court hereby sentences the said accused to suffer

the penalty of death for the rape of Jennylyn Israel, while for the crime of Murder, the

Court hereby sentences the said accused to suffer the penalty of death for the murder

of Dorotheo Gabilan.
 CASE 3: G.R. No. 124131, April 22, 1998.

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. SAMUEL BORCE, Accused-

Appellant.

The above-named accused, with lewd design and with the use of deadly weapon, did

then and there, willfully, unlawfully and feloniously lie upon one Regina Baga and

succeed in having carnal knowledge against her will and consent and this was repeated

for the second time around, to the great damage and prejudice of the said offended

party. The first and second element of Rape are all present in here. The above-named

accused, with intent to kill, with treachery, use of superior strength and evident

premeditation which were the first and fifth element of Murder, did then and there,

willfully, unlawfully and feloniously hack the face of one Regina Baga, inflicting multiple

hack wounds on her face, thus the accused having performed all the acts of execution

which would have produced the crime of Murder. The Decision of the Regional Trial

Court of Bangued, Abra finds the accused, Samuel Borce, guilty beyond reasonable

doubt of Separate and Distinct Crime of Rape as defined under Article 335 of the

Revised Penal Code, and of Murder, as defined under Article 248 of the same Code.

The Court renders judgment for the crime of Rape, the Court hereby sentences the said

accused to suffer death penalty, while for the crime of Murder, the Court hereby

sentences the said accused to suffer an indeterminate penalty of eight (8) years and

twenty (20) days of prison mayor as minimum, to fourteen (14) years, ten (10) months

and twenty (20) days of reclusion temporal as maximum.

 CASE 4: G.R. No. 91865-66, July 6, 1993.

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. CARLOS DELA CRUZ,

Accused-Appellant.

The above-named accused by means of violence and intimidation did then and there

willfully, unlawfully and feloniously have carnal knowledge of one Blessie Marie T. Veri,

against the latter's consent. The first element of Rape is present in here. The above-

named accused, with intent to kill, evident premeditation and treachery did then and

there, willfully, unlawfully and feloniously, attack, assault and stab with a deadly weapon

one Virgie Trangia, hitting the latter on the different parts of the body, thereby inflicting

wounds which directly caused her instantaneous death. The first and fifth element of

Murder are all present in here. The Decision of the Regional Trial Court of Bangued,

Abra finds the accused, Samuel Borce, guilty beyond reasonable doubt of Separate and

Distinct Crime of Rape under Article 335 of the Revised Penal Code, and of Murder,

under Article 248 of the same code. The Court renders judgment for the crime of Rape,

the Court hereby sentences the said accused to suffer the penalty of eight (8) years and

one (1) day of prison mayor as minimum to fourteen (14) years, eight (8) months and

one (1) day of reclusion temporal as maximum and to pay the heirs of the late Virgie

Trangia the amount of thirty thousand pesos (P30,000.00) without subsidiary

imprisonment in case of insolvency and to pay the costs, while for the crime of Murder,

the Court hereby sentences the said accused to suffer the penalty reclusion perpetua or

life imprisonment and to pay Blessie Marie Veri the amount of thirty thousand pesos

(P30,000.00) as damages without subsidiary imprisonment in case of insolvency and to

pay the costs.

 CASE 5: G.R. No. 133685-86, May 20, 2004.

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. AMADO BAGNATE, Accused-

Appellant.

The above-named accused, with lewd design and by means of violence, force and

intimidation, did then and there willfully, unlawfully and feloniously have sexual

intercourse with Rosalie Rayala, against her will and consent, and on the occasion

thereof, with intent to kill, taking advantage of superior strength and while armed with a

bolo, did then and there willfully, unlawfully and feloniously assault, attack and hack

aforenamed Rosalie Rayala, thereby inflicting upon the latter mortal wounds on the

different parts of her body, which caused her death, to the damage and prejudice of her

heirs. The first element of Rape is present in here. The above-named accused, with

intent to kill and while armed with a bolo, with nocturnity, treachery, superior strength,

and with disregard of the respect due to the victim on account of age and sex, did then

and there willfully, unlawfully and feloniously assault, attack and hack with said bolo one

Aura Brona thereby inflicting upon the latter mortal wounds, which caused her death, to

the damage and prejudice of her legal heirs. The first element of Murder is present in

here. The Decision of the Regional Trial Court of Tabaco, finds the accused, Amado

Bagnate, guilty beyond reasonable doubt of Separate and Distinct Crimes of Rape, as

defined aunder Article 335 of the Revised Penal Code, and of Murder, as defined under

Article 248 of the same Code. The Court renders judgment for the crime of Rape, the

Court hereby sentences the said accused to suffer the penalty of death and to indemnify

the heirs of Auria Broa the amount of fifty thousand pesos (P50,000.00) as damages,
while for the crime of Murder, to suffer the penalty of death and to indemnify the heirs of

Rosalie Rayala in the amount of fifty thousand pesos (P50,000.00) as damages.

REFERENCES: www.chanrobles.com