Title
People vs. Soriano
Case
G.R. No. L-29057
Decision Date
Oct 30, 1970
Defendants convicted of rape and sentenced to life imprisonment after acting in conspiracy and cooperating in the abuse of the victim, with the penalty modified to twice the minimum and the decision affirmed with costs against the defendants.
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Case Digest (G.R. No. L-29057)

Facts:

The case involves defendants Bermillo Soriano and Antonio Gallardo who were convicted of the crime of rape by the Court of First Instance of Pangasinan. The incident occurred on February 17, 1968, in the barrio of Domalandan, municipality of Lingayen, Province of Pangasinan. The victim, Farmacita Tanigue, was 14 years old at the time and was approached by Soriano who claimed her mother was sending for her. Soriano was accompanied by Gallardo. Farmacita, Soriano, and Gallardo went to a dark place near a nipa swamp, where Soriano inserted a handkerchief into Farmacita's mouth and Gallardo held her hands down. Soriano then had sexual intercourse with Farmacita, followed by Gallardo. Soriano and Gallardo each had sexual intercourse with Farmacita a second time. Farmacita was left alone at the scene and later went to her aunt's house before reporting the incident to the authorities.

Issue:

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Ruling:

The Court found the defendants guilty of rape. They acted in conspiracy with each other and cooperated in abusing the victim. Each defendant is guilty as a principal of one count of rape by direct participation and another count of rape by cooperation and direct participation. The penalty for rape, when committed by two or more persons, is life imprisonment to death. However, since it does not appear that ...(Unlock)

Ratio:

The Court based its decision on the testimony of the victim, which was corroborated by a resident physician who examined her and her relatives. The defendan...continue reading


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