PEOPLE OF THE PIIILIPPINES vs.

WENCESLAO NELMIDA
In this case, appellants and their co-accused opened fire and rained bullets on the vehicle boarded
by Mayor Tawan-tawan and his group. As a result, two security escorts died while five (5) of them
were wounded and injured. The victims sustained gunshot wounds in different parts of their bodies.
Therefrom, it cannot be gainsaid that more than one bullet had hit the victims. Moreover, more
than one gunman fired at the vehicle of the victims. Obviously, appellants and their co-accused
performed not only a single act but several individual and distinct acts in the commission of the
crime. Thus, Article 48 of the Revised Penal Code would not apply for it speaks only of a "single
act."
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Rape with Homicide - When the rape is attempted and a homicide is committed by reason or on
the occasion thereof, the penalty shall be reclusion perpetua to death. (266-B (3)
Robbery with Rape – The main intent was to commit the crime of robbery and in the commission
thereof, it was accompanied by rape.