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People v.

Nunag
Summary Cases:
People of the Philippines vs. Mario Nunag, Arnel Andap, Efren Salansang etc
People v. Nunag
Subject: Degree of culpability; aggravating circumstances
Facts:
Accusedappellants Nunag, Mandap, Salangsang, !arpio, and Manalili "ere charged before the !#$ of
Pampanga "ith the crime of %ape. All contrary to la", and "ith the aggravating circumstances that the said
offense "as committed at night time.
&he complainant, 'oren(a 'ope(, then about fifteen years old, declared that in May )*+,, she "as
"atching a television program in the house of her neighbor "hen she sa" the accused Mario Nunag coming
to"ards her. Nunag as-ed her to go "ith him. .ut she refused, so that Nunag held her by the hand and po-ed
a -nife at her stomach and threatened to -ill her. &hereafter, they "ere /oined by the other accused "ho held
her feet, and forced her on the ground. She struggled to free herself, but the accused held her tightly.
&he five accused "arned her not to report the incident to anybody, other"ise, they "ould -ill her, her
parents and brothers. After the incident, the complainant missed her menstruation "hen it became due and
noticed that her stomach "as getting bigger. Nevertheless, she did not tell anybody. She then gave birth
prematurely to female t"ins "ho both died after a fe" hours.
0pon investigation, the appellant Mario Nunag and three other accused admitted having se1ual
intercourse "ith the complainant on three separate instances. 2o"ever, they denied the charge of rape. &hey
also alleged that it "as the complainant "ho came to them as-ing for money. &he accusedappellants,
Madnap and !arpio, on the other hand, denied having se1ual intercourse "ith the complainant at any time.
Held:
). &he Solicitor 3eneral recommends that each accused be found guilty of five distinct crimes of rape,
because each accused is responsible, not only for the act of rape committed individually by him, but
also for the act of rape committed by the others, all accused having conspired together.
4. 2o"ever, that there is no conclusive evidence that the accusedappellants !arpio and Salangsang had
se1ual intercourse "ith the complainant, since the complainant said that she lost consciousness after
the second man had se1ually abused her.
5. Accusedappellants Mario Nunag, Arnel Mandap and Efren Salangsang are each sentenced to suffer
three penalties of reclusion perpetua.
6. Accusedappellants Diosdado Manalili and Danilo !arpio, both being above si1teen years and belo"
eighteen years at the time of the commission of the offenses, are each sentenced to suffer three 758
indeterminate penalties of ten 7)98 years of prision mayor, as minimum, and seventeen 7)+8 years and
four 768 months of reclusion temporal, as ma1imum.