THE PEOPLE OF THE PHILIPPINES VS. JAIME JOSE Y GOMEZ, ET AL., defendants.

JAIME JOSE
Y GOMEZ, BASILIO PINEDA, JR., alias "BOY," EDGARDO AQUINO Y PAYUMO and ROGELIO
CAÑAL Y SEVILLA G.R. No. L-28232 February 6, 1971

Facts:
On June 26, 1967 at 4:30 o’clock in the morning Maggie De La Riva who is 25 years of age
was abducted on her way home in New Manila and was raped on the same day at the Swanky
Hotel in Pasay City by four principal-accused men namely Jaime Jose, Basilio Pineda, Edgardo
Aquino and Rogelio Cañal,together with Wong Lay Pueng, Silverio Guanzon and Jessie Guion as
accomplices and that these perpetrators imposed grave threat to the life of Miss De La Riva
with the use of a Thompson (submachine gun) and a threat to pour acid on her face.

On June 29, 1967 four days after the incident Miss De La Riva filed a complaint against her
perpetrators in Quezon City Police Department Headquarters on the same day a
medico-internal examination has been conducted to Miss De La Riva by Dr. Ernesto Brion; In
his medical report Dr. Brion noted the presence of multiple contusions and bruises on different
parts of the complainant's body, as well as of genital injuries, however there was no
spermatozoa found as he concluded that in medical sense spermatozoa are not usually found in
the vagina after the lapse of three days from the last intercourse, setting aside the fact that the
complainant douched herself.

On the same day at 9:00 o’clock in the evening Jaime Jose duly sworn before Pat. Marcos G.
Viñas admitted to the crime and, He also named his companions and Basilio Pineda, Edgardo
Aquino and Rogelio Cañal, and was captured by the authorities on July 1, 1967 the three
appelants pleaded not guilty

Basilio Pineda, Edgardo Aquino and Rogelio Cañal points out that 1.) Pineda is the sole author
of the abduction. 2.) they claim that nothing happened in Swanky Hotel except for a strip-tease
show that Maggie De La Riva agreed to exhibit in exchange for P1000.00 with a down payment
of P100.00 3.) Jose, Aquino and Canal contend that the absence of semen in the complainant's
vagina disproves the fact of rape. 4.) That the bruises of Maggie De La Riva was self inflicted to
make out a case against the accused for the unpaid balance of P900.00 on the strip-show that
they claim that she agreed upon.

On the ground that the prosecution has failed to establish a prima facie case against the
accomplices Wong Lay Pueng, Silverio Guanzon y Romero, and Jessie Guion y Envoltario, the
prosecution dismissed the case against the aforementioned accused.

Issue: Are Jaime Jose Basilio Pineda, Edgardo Aquino and Rogelio Cañal Guilty of rape and
abduction?

Held:

Yes, Jaime Jose himself on June 29, 1967 plead guilty of the crimes he was charged against,
which binds all the statements given by the complainant truthful and a solid evidence to the
crimes they have committed, the version of the defense was not able to refute any piece of
evidence charged against them and was therefore guilty beyond reasonable doubt under Art
335 of the revised penal code that the crime of rape is committed since there was a carnal
knowledge of a woman present in their intentions to commit such heinous crime, an undeniable
evidence of force and intimidation, and that Miss De La Riva was deprived of reason or
otherwise unconscious. Therefore Jaime Jose Basilio Pineda, Edgardo Aquino and Rogelio Cañal
was thereby sentenced each of them to the death penalty and each to indemnify the
complainant in the amount of ten thousand pesos.