August 1917 - Philippine Supreme Court Decisions/Resolutions
Philippine Supreme Court Jurisprudence
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G.R. No. 12693 August 11, 1917 - UNITED STATES v. CAMILOY, ET AL.
036 Phil 757:
036 Phil 757:
EN BANC
[G.R. No. 12693. August 11, 1917. ]
THE UNITED STATES, Plaintiff-Appellee, v. CAMILOY (non-Christian), LOPE GUITAGULAN, GAUDENCIO BEQUILLA, and EPIFANIO CAINILLA, Defendants-Appellants.
W. M. Booram for Appellants.
Acting Attorney-General Paredes for Appellee.
SYLLABUS
1. RAPE; PENALTY. — In this case of rape, in which there concur a number of aggravating circumstances offset by no mitigating circumstance, the most severe penalty permitted by law, namely, twenty years of reclusion temporal, with the accessory penalties, imposed.
D E C I S I O N
MALCOLM, J. :
The four accused by force and intimidation took a young mountain woman named Aquilina (or Tranquilina) to an isolated house, and there, again with force and intimidation, successively throughout the night had carnal intercourse with her. Discrepancies in the testimony of the witnesses for the prosecution are noticed, but these in the main are to be expected because of the lack of intelligence of the witnesses. On the whole, we find no reason to interfere with the findings of the trial court.
The Attorney-General recommends that in view of the fact that there are present three aggravating circumstances, namely, those of taking advantage of superior strength, of employing means which brought about ignominy, and of commission in the nighttime, that the minimum of the maximum penalty provided by law should be imposed. The Attorney-General also recommends that the accused jointly and severally endow the offended party in the sum of P500, and support the offspring, should there be any, until its majority.
We not only agree with the Attorney-General but, considering the beastly character of the crime and the concurrence of three aggravating circumstances offset by no mitigating circumstance, would go further and impose the most severe penalty permitted by law. We accordingly sentence each of the accused to twenty years of reclusion temporal, with the accessory penalties of article 59 of the Penal Code, and to pay one-fourth of the costs in both instances. The accused are also jointly and severally condemned by way of indemnification to endow the offended woman in the sum of P500, and to support the offspring if there be any. So ordered.
Arellano, C.J., Johnson, Carson, Araullo and Street, JJ., concur.
The Attorney-General recommends that in view of the fact that there are present three aggravating circumstances, namely, those of taking advantage of superior strength, of employing means which brought about ignominy, and of commission in the nighttime, that the minimum of the maximum penalty provided by law should be imposed. The Attorney-General also recommends that the accused jointly and severally endow the offended party in the sum of P500, and support the offspring, should there be any, until its majority.
We not only agree with the Attorney-General but, considering the beastly character of the crime and the concurrence of three aggravating circumstances offset by no mitigating circumstance, would go further and impose the most severe penalty permitted by law. We accordingly sentence each of the accused to twenty years of reclusion temporal, with the accessory penalties of article 59 of the Penal Code, and to pay one-fourth of the costs in both instances. The accused are also jointly and severally condemned by way of indemnification to endow the offended woman in the sum of P500, and to support the offspring if there be any. So ordered.
Arellano, C.J., Johnson, Carson, Araullo and Street, JJ., concur.
