Pilapil vs. Ibay-Somera 174 SCRA 653 Case Digest

50

Pilapil vs. Ibay-Somera

174 SCRA 653

Facts:

Imelda Manalaysay Pilapil, a Filipino citizen, and private respondent Erich Ekkehard Geiling, a German national, were married. After about three and a half years of marriage, such connubial disharmony eventuated in private respondent initiating a divorce proceeding against petitioner in Germany.

On June 27, 1986, or more than five months after the issuance of the divorce decree, private respondent filed two complaints for adultery before the City Fiscal of Manila alleging that, while still married to said respondent, petitioner "had an affair with a certain William Chia as early as 1982 and with yet another man named Jesus Chua sometime in 1983".

Issue:

            Whether or not the Husband of Petitioner has legal standing in the case

Held:

            No.

Ratio:

Under Article 344 of the Revised Penal Code, the crime of adultery cannot be prosecuted except upon a sworn written complaint filed by the offended spouse. Private respondent, being no longer the husband of petitioner for having obtained a valid divorce decree in Germany, had no legal standing to commence the adultery case under the imposture that he was the offended spouse at the time he filed suit.

Submitted by: G-one T. Paisones

Submitted to: Atty. Cisco Franz S. Maclang

People vs. Godines 196 SCRA 765 Case Digest

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People vs. Godines

196 SCRA 765

Facts:

The victim Estehr Ancajas, was sleeping/staying at one of the houses of Alejandro Vilaksia and she was awakened by a commotion from one of the adjacent room which were occupied by Vilaksi and his wife Milagros. She saw the accused talk to the couple and Godines hacked Milagros and took some money from them while co-accused Moreno stood by as look out. Complainant attempted to escape with her small child but the defendants caught her. They dragged her outside and as they forcibly brought her to a vacant lot they simultaneously fondled her private parts. When they arrived at the vacant lot, they took turns in having carnal knowledge with her while the other one was holding the small child.

The appellants insist that there are no conclusive medical findings that the complainant had indeed been raped.

Issue:  

Whether or not the crime of rape was committed

Held:

Yes.

Ratio:

A medical examination is not an indispensable element in a prosecution of rape. Further, the defense of alibi cannot prosper because the distance between the alleged whereabouts of the appellants at the time of the commission of the crime and the scene of the crime itself may be easily negotiated by ordinary means and in light of the positive identification of the accused as the authors of the crime.

Submitted by: G-one T. Paisones

Submitted to: Atty. Cisco Franz S. Maclang

 

People vs. Alburo 184 SCRA 655 Case Digest

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People vs. Alburo

184 SCRA 655

Jones Avenue and Colon Street

Image Source: Tripadvisor.com

Facts:

 Evelyn Cantina and her friends were going home from Abellana National High School. The driver, Ronilo Alburo – the accused, invited the three girls to board his jeepney. Initially they declined but they boarded soon after with Evelyn taking the front seat. When they reached the corner of Jones Avenue and Colon Street, Evelyn was about to alight but was prevented from doing so because Alburo threatened to raise her skirt. Her two friends were trying to pull her out but the green light turned on and the jeepney sped off. Her two friends realized that Evelyn was being prevented from leaving attempted to pull her out but did not succeed. Alburo did not heed Evelyn's plea. Instead, he pulled a knife and threatened to slash her side if she would disembark.

Alburo stopped the jeepney. Holding the knife, he went down from the jeepney and threateningly came close to Evelyn. He pushed Evelyn's head against the steering wheel which rendered the latter unconscious. When Evelyn regained her senses she found herself without her panty anymore. Blood was on her vagina and she felt pain on her stomach and she saw Alburo with his face close to hers, getting up from her then raising his pants.

Issue:

Whether or not the petitioner is guilty of the crime of forcible abduction with rape

Held:

Yes

Ratio:

The SC is not persuaded by the theory that Appellant and Evelyn were sweethearts. In reviewing the evidence adduced by the prosecution for this crime of Rape, we have likewise been guided by three well-known principles, namely, (1) that an accusation of rape can be made with facility, is difficult to prove, but more difficult for the person accused, though innocent, to disprove; (2) that in view of the intrinsic nature of the crime of rape where only two persons are usually involved, the testimony of the complainant must be scrutinized with extreme caution; and (3) that the evidence for the prosecution must stand or fall on its own merits, and cannot be allowed to draw strength from the weaknesses of the evidence for the defense.

Submitted by: G-one T. Paisones

Submitted to: Atty. Cisco Franz S. Maclang

People vs Jose 37 SCRA 450 Case Digest

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People vs Jose

37 SCRA 450

 Actual Image of the Trial

Image Source: ExecutedToday.com

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