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Alternative Circumstances Digests Part 1
Alternative Circumstances Digests Part 1
RELATIONSHIP
RULING:
The accused were guilty of statutory rape. Marites Sayat, at the time of the commission of the
crimes, was only eight years of age. Under paragraph 3, Article 335 of the Revised Penal Code,
statutory rape is committed by having carnal knowledge of a woman below twelve years of age.
In this specie of rape, neither force by the man nor resistance from the woman forms an
element of the crime and apparent consent thereto will be of no avail, any more than in the case
of a child who may actually consent but who by law is conclusively held incapable of legal
consent. The law presumes that the victim on account of her tender years, does not and cannot
have a will of her own. The heart of the matter is the violation of a child’s incapacity to discern
evil from good.
(Attempted Rape)
(Under Alternative Circumstances Relationship, where the mother of the offended party is a
common-law-spouse of the defendant)
FACTS:
On May 1, 1995, at past noon, Rachelle Parco, 8 years old, was inside one of the two bedrooms
at the second floor of the house of her grandmother, which was located at San Nicolas,
Masantol, Pampanga. Rachelle was arranging the clothes while in the room. Suddenly, Abundio
Tolentino, the stepfather of Rachelle Parco, entered the same room and closed the door.
Abundio Tolentino ordered Rachelle Parco to stand up and lie down on the bed. When Rachelle
Parco was already on the bed, Abundio Tolentino removed his short pants and the short pants
of Rachelle Parco.
Abundio Tolentino placed his sex organ on Rachelle Parco’s genitals and bumped (binubundol-
bundol) hers with his (Ibid). At that moment, Rachelle Parco remained silent, because she was
afraid and did not know what Abundio Tolentino was doing to her. Abundio Tolentino’s carnal
act lasted only for three minutes, because Rachelle Parco’s brother knocked at the door and
ask money from Abundio. He told Rachelle’s brother to ask money from Lola Iding. Thereafter,
Abundio Tolentino put on his short pants and hers and went down the house.
Abundio Tolentino repeatedly did the same thing to Rachelle Parco at least three to four times a
week in May, June, and July 1995. Rachelle Parco was overcome by fear that she did not tell
anyone about what Abundio Tolentino was doing to her.
RULING:
Under the law, 11 there is an attempt when the offender commences the commission of a felony
directly by overt acts, and does not perform all the acts of execution which should produce the
felony by reason of some cause or accident other than his own spontaneous desistance. In this
case, there is no doubt at all that TOLENTINO had commenced the commission of the crime of
rape by (1) directing RACHELLE to lie down, (2) removing his shorts and hers, and (3) "trying to
force his sex organ into" RACHELLE’s sex organ. But there is no conclusive evidence of the
penetration, however slight, of RACHELLE’s sex organ. The penetration was an essential act of
execution to produce the felony. Thus, in the absence of a convincing evidence thereof,
TOLENTINO should be given the benefit of the doubt and can be convicted of attempted rape
only.
Under Article 51 of the Revised Penal Code, the penalty for an attempted felony is the "penalty
lower by two degrees than that prescribed by law for the consummated felony." In this case, the
penalty for the rape if it had been consummated would have been death, pursuant to Article 335
of the Revised Penal Code as amended by R.A. No. 7659, since RACHELLE was eight years
old and TOLENTINO was the common-law spouse of RACHELLE’s mother.
Accused-appellant ABUNDIO TOLENTINO is found guilty beyond reasonable doubt as principal
of the crime of attempted rape, under Article 335, in relation to Article 51, of the Revised Penal
Code, as amended; and, pursuant to the Indeterminate Sentence Law, he is hereby sentenced
to suffer an imprisonment penalty ranging from ten (10) years of prision mayor as minimum to
seventeen (17) years and four (4) months of reclusion temporal as maximum, and to pay the
victim RACHELLE PARCO the sums of P50,000 as indemnity and P25,000 as moral damages.
FACTS:
"Maribel Soriano, a 13 year old lass, naive and unschooled, is the eldest daughter of Angelita
De Guzman and Alfredo Soriano. Since July 1975, Angelita and Alfredo lived together as man
and wife, without the benefit of marriage, at Labores Street, Pandacan, Manila. Aside from
Maribel, they had other children: Alfredo, Jr., 10 years old and Mila, the youngest.
As fate would have it, Maribel did not grow up under the constant care and guidance of her
mother Angelita. Since the tender age of 2 years, she has been staying with her paternal
grandmother, Juanita Soriano, at Zamora Extension, Pandacan, Manila. Ostensibly, Maribel’s
mother gave her up to her mother-in-law, Juanita Soriano, because the latter kept bothering her
and her husband, Alfredo.
As the life story of Maribel unfolds, the four-year relationship of her father and mother was
turning sour and was growing worse and worse everyday. It was the usual case of a daughter-
in-law and a mother-in-law fighting for the attention of a husband and son. This animosity was
heightened by the fact that prior to his death, Alfredo was abandoned by Angelita sometime in
1979 to live with another man, herein appellant Enrique Ramirez. Her reason was simple:
Alfredo was a ‘Mama’s Boy’. She claimed that he did not want to separate from his mother and
usually gave his earnings to his mother, Juanita Soriano.
In any event, Angelita de Guzman cohabited with appellant Enrique Ramirez, a casual laborer
and a member of the notorious Sigue-Sigue Commando Gang. At that time, appellant Ramirez
was already separated from his lawful wife, Christine Somera, by whom he had a child. Since
1979, appellant Ramirez and Angelita de Guzman stayed and lived in a one-room shanty, a
place one can hardly call a house, in a squatter’s area in Tondo, Manila. As described by
Maribel Soriano, the one-storey room has two windows: one facing the street across which was
the house of Ate Laki, and the other window facing the river.
In December 1988, when Maribel turned 13 years of age, her mother Angelita fetched Maribel
from the house of her mother-in-law, Juanita Soriano, Maribel’s paternal grand-mother. Angelita
took Maribel to spend vacation in her house in Tondo, Manila where Angelita resides with her
live-in partner, Enrique Ramirez, appellant herein. After the Christmas season, Maribel went
back to her paternal grandmother’s house in Pandacan.
The offended party was violated several times by appellant during that holiday season as
follows:
"One day, shortly before Christmas, in 1988, at about 1:30 o’clock in the afternoon, the Accused
arrived home. Angelita de Guzman was not in their house at the time. Maribel Soriano and the
Accused, and the latter’s four (4) children were inside the house at the time. The Accused
ordered his children to leave the house and, once the children were out of the house, the
Accused closed the door and the windows of the house, took out his ‘29 balisong’ and poked
the same to Maribel Soriano. The Accused, thereupon, ordered Maribel Soriano to undress.
Afraid for her life, Maribel Soriano did as ordered. The Accused also ordered Maribel Soriano to
lie down on the floor, she did. The Accused, thereupon, went on top of Maribel Soriano, kissed
her on her cheeks and lips and mashed her breast to boot. The Accused warned Maribel
Soriano not to tell the police authorities and her mother about the incident otherwise he will kill
all of them. The Accused, thereafter, inserted his private organ into her privated (sic) parts and
had sexual intercourse with Maribel Soriano. After the Accused was through he then dressed
up. The Accused warned Maribel Soriano anew not to reveal the incident to the police
authorities and her mother. Since then, almost everyday the Accused had sexual intercourse
ALTERNATIVE CIRCUMSTANCES
with Maribel Soriano. After New Year, Juanita Soriano took Maribel Soriano to her house where
Maribel Soriano stayed until March 15, 1989, when Angelita de Guzman took Maribel Soriano
anew because she wanted Maribel Soriano to study. Maribel Soriano did not divulge to her
grandmother what the Accused did to her."
Subsequently, the appellant again took advantage of and raped the offended party as follows:
"In the second week of March 1989, at about 3:45 p.m., Maribel was in appellant’s house in
Tondo together with Alfredo, Jr., her 10 year old brother and her stepbrothers, stepsister and
her stepfather, appellant Ramirez. At that time, her mother Angelita de Guzman, was out selling
her wares. Appellant then ordered the children to look for Botchoy, his eldest son, saying in the
vernacular. ‘Labas kayo, hanapin si Botchoy.’ As soon as the children left the shanty, appellant
Ramirez closed the door and locked it. He also closed the window facing outside house. A few
minutes later, Maribel saw appellant already naked. With a fan knife (’veinte nueve’ balisong) in
his right hand poked at the right chest of Maribel, appellant ordered her to undress. Appellant
Ramirez then started kissing Maribel and afterwards got on top of her and ravished her on the
floor of the shanty.
He warned Maribel not to complain to the police because he would kill her and her family. After
consummating his lustful desires on Maribel and reiterating his threat, appellant stepped out of
the shanty. The following morning, Maribel approached her mother, Angelita, to report the
dastardly act of appellant Ramirez. She was with Alfredo, Jr. who told their mother, thus:
‘Nanay, akala mo sina Ate nakita ko nagpapatungan.’ Instead of getting mad at her common-
law-husband, Angelita surprisingly slapped Maribel and defended appellant.
Angered by their mother’s reaction, Maribel and her younger brother Alfredo Soriano, Jr.
decided to go to the police station, with the help of a man and a woman, both unidentified.
However, they got lost along the way.
RULING:
The accused is guilty beyond reasonable doubt of the crime of rape committed against his step-
daughter and sentenced him reclusion perpetua and has to pay indemnity and for exemplary
and moral damages. The allegation of appellant Ramirez that the complaint against him was
false and made only because complaint Maribel Soriano was instigated and used by her
paternal grandmother Juanita Soriano as an instrument of revenge against Ramirez is bereft of
merit.
ALTERNATIVE CIRCUMSTANCES
INTOXICATION
THE PEOPLE OF THE PHILIPPINES vs. ISABELO NOBLE G.R. No. L-288 August
29, 1946
George F. Ott, a SOLDIER, with two other American soldiers, took Consolacion Noble,
a widow, 50 years old; Corazon Apacible, Consolacion's daughter, Paz Fores, to see a
cinema showing in an Army camp early in the evening of October 22, 1945. Consolacion
Noble rode alone with George F. Ott in a jeep driven by the latter, while the two younger
ladies were accommodated in another jeep with the other two American. When the party
got back to town, the three ladies invited the three Americans to come into the house.
while Ott fetched from his jeep a phonograph which he placed on a table in the ante-
room and while the ladies busied themselves to prepare food and drinks for their guests.
As Ott was fixing the phonograph with one of the ladies standing near him Dr. Isabelo
Noble, brother of Consolacion Noble, came up the stairs and shot the American
several times with a .45 caliber pistol. From the effects of his wounds Ott died shortly
after, on the way to an Army hospital.
The defendant defense was that he killed the soldier because the latter was harassing
his sister (consolacion)
Testimony of Consolacion Noble corroborated his brothers(accused) testimony
However,
Testimony of Corazon states that she was with George ott, that the soldier was fixing the
phonograph, when the accused went up the stairways walk towards the deceased and
said "George, this is your end," and fired. The testimony of Corazon was corroborated by
Paz.
Judged by this testimony, the crime committed was murder characterized by treachery.
ISSUE:
Held:
the amount of liquor the accused had taken, if he had taken any, was not of sufficient
quantity to affect his mental faculties to the extent of entitling him to a mitigation of his
offense. His Honor correctly reasons that "if the accused was thoughtful enough not to
neglect giving Don Vicente Noble his injection, the inference would be that his
intoxication was not to such a degree as to affect his mental capacity to fully understand
the consequences of his act."
The mitigating circumstance of voluntary surrender has not been established. Granting,
for the sake of argument, When municipal policemen came, he was already under arrest
by military police.
ALTERNATIVE CIRCUMSTANCES