PEOPLE Vs.

AMANDO DANIEL"AMANDO ATO"

G.R. No. L-40330

Amando Daniel alyas Amando Ato wag allegedly committed a crime of rape. September 30, 1965
the accused have a sharp instrument to forcibly, unwillingly and unlawfully rape Margarita Paleng a
below 13 years old girl in her own bed space in Bagiuo City. The said accused entered to the room of
said victim to have a carnal knowledge to a young girl Margarita forcibly. The accused sentenced
reclucion temporal ang prison mayor but the accused filed a notice og appeal and the case forwarded to
Court of Appeals. The Court of Appeals said that the accused is guilty with unreasonable doubt. But the
punishment of the said crime was not accordance with law because of;

Republic Act No. 4111, which took effect on June 20, 1964, amended Article 335 of the Revised
Penal Code, providing that —

The crime of rape shall be punished by reclusion perpetua.

Whenever the crime of rape is committed with the use of a deadly weapon or by two or more persons,
the penalty shall be reclusion perpetua to death.

On that particular things the case move to the Supreme Court because under Section 17 of Chapter
11 of the Judiciary Act of 1948 (Republic Act No. 296, as amended) The Supreme Court shall have
exclusive jurisdiction to review, revise, reverse, modify or affirm on appeal, as the law or rules of court
may provide, final judgments and decrees of inferior courts as herein provided, in and All criminal cases
involving offenses for which the penalty imposed is death or life imprisonment; WHEREFORE, We
hereby certify this case to the Supreme Court for appropriate further proceedings pursuant to law.

The accused serender and the councel said to had a Lie Detector test so the NBI did it. The result of
the said lie detector test is favor to the accused. Even though the Lie detector test is favor to the
accused there is a reason why the test is favorable to accused, one is the, accused is not in the trial time
that he submitted to have a lie detector test so he not even fear for what he did. So the value of crime
did not affect by the result of the lie detector test. Because of the evidence that found in the crime the
sharp instrument that he used to committed the crime and to have a aggreviating circumstances which
is dwelling under Article 14(3) of the Revise Penal Code. Amado Daniel"Amado Ato" the accused found
guilty and sentence him to suffer the penalty of Reclucion Perpetua and to pay Twelve Thousand Pesos
for the moral damages of Margarita Paleng.

Referrence:

The Lawphil Project

https://lawphil.net/judjuris/juri1978/nov1978/gr_40330_1978.html