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G.R. No. L-12693           August 11, 1917
UNITED STATES vs. CAMILOY, ET AL. -->

EN BANC

G.R. No. L-12693 August 11, 1917

THE UNITED STATES, Plaintiff-Appellee, vs. CAMILOY (non-Christian), LOPE GUITAGULAN, GAUDENCIO BEQUILLA, and EPIFANIO CAINILLA, Defendants-Appellants.

W. H. Booram for appellants.
Acting Attorney-General Paredes for appellee.

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.chanroblesvirtualawlibrary chanrobles virtual law library

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 ignonimy, 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.chanroblesvirtualawlibrary chanrobles virtual law library

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 circumstances, 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.chanroblesvirtualawlibrary chanrobles virtual law library

Arellano, C.J., Johnson, Carson, Araullo and Street JJ., concur.