People vs Jose 37 SCRA 450 Case Digest

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People vs Jose

37 SCRA 450

 Actual Image of the Trial

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Facts:

On June 26, 1967, Jaime Jose, together with 3 principal-accused; and with Wong Lay Pueng, Silverio Guanzon and Jessie Guion as accomplices, conspired together, confederated with and mutually helped one another, then and there, to willfully, unlawfully and feloniously, with lewd design to forcibly abduct Magdalena “Maggie” de la Riva, 25 years old and single, a movie actress by profession at the time of the incident, where the four principal accused, by means of force and intimidation using a deadly weapon, have carnal knowledge of the complainant against her will, and brought her to the Swanky Hotel in Pasay City, and hence committed the crime of Forcible Abduction with Rape.

Issue:

            Whether or not the accused are liable for the complex crime of forcible abduction with rape

Held:

            Yes.

Ratio:

As regards, therefore, the complex crime of forcible abduction with rape, the first of the crimes committed, and the latter is the more serious; hence, pursuant to the provision of Art 48 of the RPC, the penalty prescribed shall be imposed in its maximum period. Consequently, the appellants should suffer the extreme penalty of death.

Submitted by: G-one T. Paisones

Submitted to: Atty. Cisco Franz S. Maclang