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
Case Digest (G.R. No. L-29057)
Facts:
In the case of People v. Soriano, the defendants Bermillo Soriano and Antonio Gallardo were convicted of rape and sentenced to life imprisonment. The incident took place 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. The appellants approached Farmacita while she was watching a singing contest and convinced her to go with them to the riverbank, where they claimed her mother was waiting. However, once they reached a dark place near a nipa swamp, Bermillo Soriano inserted a handkerchief into Farmacita's mouth and held her down while Antonio Gallardo abused her. They then switched places and each raped her a second time. Farmacita eventually went to her aunt's house and disclosed the incident to her uncle, leading to the report of the crime to the authorities.
Issue:
The main issue in the case...