G.R. No.

L-28232 February 6, 1971

THE PEOPLE vs. JOSE

Contention of the State:

Jaime Jose, Rogelio Cañal, Eduardo Aquino and Basilio Pineda, Jr. were accused of the crime of
forcible abduction with rape. They wept to the ABS Studio, and that, on learning that Miss De la Riva
was there, they made plans to wait for her and to follow her. The group followed her car and snatched her
and took her to the Swanky Hotel where they successively rape her.

Defense of the Accused:

As main defense in the charge of rape, the three accused (inamin ni Penida na guilty sya.. habang
ung tatlo.. deny nila) advance the proposition that nothing happened in Swanky Hotel except a strip-tease
exhibition which the complaint agreed to do for them for fee of P1,000.00, P100.00 down and the balance
to be paid "later." (basically sinasabi ng tatlo ng nagdemanda lang naman si babae dahil di kasi daw nila
bingay ung 900 na kulang. )

Resolution:
The four appellants have conspired together to commit the crimes crime of forcible abduction
with rape. There is no doubt at all that the forcible abduction of the complainant from in front of her
house in Quezon City, was a necessary if not indispensable means which enabled them to commit the
various and the successive acts of rape upon her person. It bears noting, however, that even while the first
act of rape was being performed, the crime of forcible abduction had already been consummated, so that
each of the three succeeding (crimes of the same nature can not legally be considered as still connected
with the abduction — in other words, they should be detached from, and considered independently of,
that of forcible abduction and, therefore, the former can no longer be complexed with the latter.

Before the actual promulgation of this decision, Court received a formal manifestation on the
part of the Solicitor General to the effect that Rogelio Cañal, one of the herein appellants, died in prison
on December 28, 1970. As a result of this development, this case is hereby dismissed as to him alone, and
only insofar as his criminal liability is concerned, with one-fourth (1/4) of the costs declared de oficio.

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.
 G.R. No. 85822 April 26, 1990
PEOPLE vs. ALBURO

Contention of the State:

Accused Ronilo Alburo, who was armed with a butcher's knife holding one Evelyn Cantina and
preventing the latter from disembarking from the jeep driven by accused Ronilo Alburo took her to
Beverly Hills against her will and once there, said accused Ronilo Alburo, by means of force and
intimidation, have carnal knowledge of said Evelyn Cantina without the consent and against the will of
the latter. (tatlo actually ang accused dito pero na dismiss ung case ng dalawa since nagfile ang
prosecution ng dismissal ng case against the two accused… kasi si Alburo lang naman ang nangrape kay
Evelyn)

Defense of the Accused:

Accused Alburo's theory or main line of defense is that he and Evelyn Cantina were sweethearts,
thus, if ever there was sexual intercourse between Ronilo and Evelyn , it was with the free and voluntary
consent of complainant Evelyn Cantina. The defense witnesses testified to the fact that on several
occasions they saw Evelyn riding the jeepney driven by Ronilo and the former was seating beside the
accused at the front seat of the motor vehicle.
One of the witnesses even testified to the effect that she saw Evelyn visiting Ronilo at the latter's
rented room for a number of times. In short, the accused tried to convey that it is of public knowledge in
the neighborhood of Ronilo that the accused and Evelyn were lovers."

Resolution:

Alburo is guilty of the complex crime of FORCIBLE ABDUCTION WITH RAPE. In reviewing
the evidence adduced by the prosecution for this crime of Rape, we have likewise been guided by three
well-known principles, namely,
(1) that an accusation of rape can be made with facility, is difficult to prove, but more difficult
for the person accused, though innocent, to disprove;

(2) that in view of the intrinsic nature of the crime of rape where only two persons are usually
involved, the testimony of the complainant must be scrutinized with extreme caution; and

(3) that the evidence for the prosecution must stand or fall on its own merits, and cannot be
allowed to draw strength from the weaknesses of the evidence for the defense.

On the contrary, Alburo had taken Evelyn away against her will, with lewd designs, subsequently
forced her to submit to his lust and rendering her unconscious in the process, thereby justifying his
conviction for the complex crime of Forcible Abduction with Rape under Article 48 in relation to Articles
335 and 342 of the Revised Penal Code, with which he has herein been charged.