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University of the Philippines College of Law

JBEA, 1-D

Topic Aggravating Circumstances: Ignominy


Case No. L-28232 / Feb. 6, 1971
Case Name People vs Jose
Ponente NAME, j.

DOCTRINE
The fact that the appellants, in ordering the complainant to exhibit to them her complete nakedness for
about two minutes before raping her, brought about a circumstance which tended to make the effects
of the crime more humiliating.

SUMMARY
On June 26, 1967, four principal-accused Jaime Jose, Basilio Pineda Jr., Eduardo Aquino and Rogelio
Caal conspired together, confederated with and mutually helped one another, then and there, to
willfully, unlawfully and feloniously, with lewd design to forcibly abduct Magdalena Maggie dela Riva,
25 years old and single, a movie actress by profession at the time of the incident, where the four
principal accused, by means of force and intimidation using a deadly weapon, have carnal knowledge of
the complainant against her will, and brought her to the Swanky Hotel in Pasay City, and hence
committed the crime of Forcible Abduction with Rape.

RELEVANT FACTS
On June 26, 1967, four (4) principal-accused Jaime Jose, Basilio Pineda Jr., alias Boy, Eduardo Aquino
Alias Eddie and Rogelio Caal; together with Wong Lay Pueng, Silverio Guanzon and Jessie Guion as
accomplices, conspired together, confederated with and mutually helped one another, then and there,
to willfully, unlawfully and feloniously, with lewd design to forcibly abduct Magdalena Maggie de la
Riva, 25 years old and single, a movie actress by profession at the time of the incident, where the four
principal accused, by means of force and intimidation using a deadly weapon, have carnal knowledge of
the complainant against her will, and brought her to the Swanky Hotel in Pasay City, and hence
committed the crime of Forcible Abduction with Rape.
Said crime as attended with the following aggravating circumstances: (a) nighttime, appellants having
purposely sought such circumstance to facilitate the commission of these crimes; (b) abuse of superior
strength, the crime having been committed by the four appellants in conspiracy with one another; (c)
ignominy, since the appellants in ordering the complaint to exhibit to them her complete nakedness for
ten minutes before raping her, brought about a circumstance which tended to make the effects of the
crime more humiliating; and (d) the use of motor vehicle.
Of the three principal-appellants (Jose, Aquino and Caal), none of them may claim aggravating
circumstances has been offset by the mitigating circumstance. Appellant Pineda should, however, be
credited with the mitigating circumstance of voluntary plea of guilty, a factor which does not in the least
affect the nature of the proper penalties to be imposed, for the reason that there would still be three
aggravating circumstances remaining.
University of the Philippines College of Law
JBEA, 1-D

ISSUE

Whether or not the trial court made a proper ruling of the case considering the element of conspiracy.

RATIO DECIDENDI

Issue Ratio
W/N NO. The trial courts ruling was not proper.

1. The SC ruled that since the element of conspiracy was present, where the act of one is the
act of all, each of the accused is also liable for the crime committed by each of the other
persons who conspired to commit the crime. The SC modified the judgment as follows:
appellants Jaime Jose, Basilio Pineda Jr., and Eduardo Aquino are guilty of the complex crime of
forcible abduction with rape and each and every one of them is likewise convicted of three (3)
other crimes of rape. As a consequence thereof, each of them is likewise convicted with four
death penalties and to indemnify the victim of the sum of P10,000 in each of the four crimes.
The case against Rogelio Caal was dismissed only in so far as the criminal liability is concerned
due to his death in prison prior to promulgation of judgment.

RULING

WHEREFORE, the judgment under review is hereby modified as follows: appellants Jaime G. Jose,
Basilio Pineda, Jr., and Edgardo P. Aquino are pronounced guilty of the complex crime of forcible
abduction with rape, and each and every one of them is likewise convicted of three (3) other crimes of
rape. As a consequence thereof, each of them is hereby sentenced to four (4) death penalties; all of
them shall, jointly and severally, indemnify the complainant of the sum of P10,000.00 in each of the
four crimes, or a total of 40,000.00; and each shall pay one-fourth (1/4) of the costs.