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Republic of the Philippines

SUPREME COURT
Manila
EN BANC
G.R. No. L-29800 August 31, 1971
PEOPLE OF THE PHLPPNES, plaintif-appellee,
vs.
CARLOS PASTORES, E!MUN! MAGAT, "#$ EUGENO %LLAR, defendants-appellants.
J. L. Ballutay for appellant Edmund Magat.
Norberto Quisumbing for appellant Carlos Pastores.
R. Oben for appellant Eugenio Villar.
Oi!e of t"e #oli!itor $eneral for appellee.
RE&ES, '.(.L., J.:
Appeal from the decision of the Court of irst !nstance of Nueva "i#ca$a, %ndin& the accused in Criminal Case
No. '()) &uilt$ of the crime of rape and sentencin& each of them to life imprisonment, to indemnif$ the
ofended part$ and to pa$ the costs.
*he records sho+ that based on a complaint dul$ e,ecuted b$ Minda ". Re$es before the Municipal -ud&e of
Ba$ombon&, Nueva "i#ca$a, the Provincial iscal %led an information in the Court of irst !nstance of Nueva
"i#ca$a accusin& Carlos Pastores, Edmund Ma&at and Eu&enio "illar, alias Bo$, of the crime of rape, alle&edl$
committed as follo+s.
*hat on or about the /th da$ of Au&ust '0//, in municipalit$ of Ba$ombon&, province of Nueva
"i#ca$a, Philippines, and +ithin the 1urisdiction of this 2onorable Court the above-named
accused Carlos Pastores, Edmund Ma&at, and Eu&enio "illar, alias Bo$, conspirin&,
confederatin& and mutuall$ helpin& one another thru force, threat and intimidation, did then
and there, +ilfull$, unla+full$ and feloniousl$ and +ith deliberate intent and le+d desi&ns,
attac3 and have carnal 3no+led&e +ith one Minda Re$es, a&ainst her +ill and +ithout the
consent of the latter.
*hat in the commission of the crime the a&&ravatin& circumstances of superior stren&th and in
an uninhabited place and ni&httime are present.
4n arrai&nment, the three accused entered pleas of not &uilt$.
*o establish its case, the prosecution presented the follo+in& +itnesses.
5R. BEN!6N4 R!"ERA, -r., resident ph$sician in the Ba$ombon& 2ospital, +ho conducted the ph$sical
e,amination on the person of the complainant a fe+ hours after the alle&ed rape +as committed, afirmed on
the +itness stand the %ndin&s contained in the medical certi%cate 7E,h. B8. 2e declared that the contusions
found in the vulva and fresh laceration at the posterior fourchette of the complainant9s &enital or&an could
have been caused b$ some force in:icted on the said parts of the bod$ b$ a hard ob1ect.
1
Complainant M!N5A ". RE;E< testi%ed that in the evenin& of Au&ust =, '0//, she attended the coronation
ceremon$ held at the <t. Mar$9s Colle&e in Ba$ombon&, Nueva "i#ca$a +here she +as then a (th $ear B<E
student. *he afair ended at about ''.>? in the evenin&, and she left the school +ith her bo$ friend, Au&usto
Brillantes, at past '@ midni&ht. As there +ere no more 1eepne$s that +ould ta3e her to her hometo+n, <olano,
she and Au&usto a&reed to 1ust stroll alon& the streets of Ba$ombon& in the moonlit ni&ht.
Page 1 of 7
*he$ +al3ed from the school up to the capitol &round. *here, the$ sat on one of the benches and conversed for
about @ hours.
2
*hen, the$ decided to +al3 around, because the$ did not +ant people to see them still to&ether
at that late hour. *he$ +al3ed throu&h the streets until the$ came to the Pere# &randstand in the Clisoc ield.
3

*he$ +ere seated in the &randstand and had been conversin& for about >? minutes +hen the three accused
appeared and approached them. Edmund Ma&at and Bo$ "illar too3 her b$ the hands, +hile the third one,
Carlos Pastores, held Au&usto at ba$ +ith a bolo. *hen, Ma&at and "illar started embracin& and 3issin& her,
and touch her breast and private parts. <he stru&&led and cried for help. Au&usto tried to come to her aid
t+ice, and t+ice Pastores bo,ed him, and Au&usto +as +ea3ened. *hen, accused Ma&at dra&&ed her up the
&randstand, and forced her to lie do+n. But she stru&&led and +as able to &et up. Ma&at dra&&ed her do+n
from the &randstand.
)
Carlos Pastores then held her b$ the hand and ordered Ma&at and "illar and Au&usto to
follo+ them to the di3e. *he$ +al3ed, Pastores still holdin& her hand and threatenin& her +ith a 3nife, follo+ed
b$ Ma&at and "illar +ho had Au&usto bet+een them.
Ahen the$ reached the di3e, +hich +as about @?? meters a+a$ from the &randstand, Pastores ordered Ma&at
and "illar to ta3e Au&usto a+a$, +hich the t+o did.
*
*he +itness and Pastores had +al3ed a little farther +hen
the latter started 3issin& and embracin& her. <he resisted him, but Pastores covered her mouth, and laid her on
the &roundB he slapped her face and bo,ed her sternum. And +hen she 3ept on shoutin&, Pastores stran&led
herB he removed her blouse, forcibl$ too3 a+a$ her bra, her s3irt and her panties. <he +as nervous and
fri&htened, and Pastores +as able to have se,ual intercourse +ith her.
+
<he 3ept on stru&&lin& and movin& and
Pastores9 or&an +as removed. 2e tried to insert it a&ain, but desisted. *hen, she felt a stic3$ substance
bet+een her le&s. Althou&h feelin& +ea3, she &rabbed her clothes and put them on. Pastores threatened to 3ill
her if she +ould report to the authorities. 2e also threatened to call his t+o companions and she pleaded him
not to. As Pastores +ould not let her &o home, she decided to &o alon& +ith him and pretended that she li3ed
him. Pastores brou&ht her to the house of one Mrs. Bon&cad to +hom she +as introduced as Pastores9
s+eetheart. <he 3ept her peace because she +as afraid. Cater, +hen she reiterated to Pastores her desire to &o
home to chan&e her clothes, he consented.
7
<he too3 a tric$cle and dropped %rst at the residence of Au&usto
and informed his mother about the incident. *hen, she proceeded to the municipal buildin& and reported +hat
happened to the police. Cater in the da$, she +as brou&ht to the provincial hospital +here she submitted to a
ph$sical e,amination. Complainant further declared that on account of the incident, she had to drop her
studies. At the time of the hearin&, she +as no lon&er the &irl friend of Au&usto Brillantes.
AD6D<*4 BR!CCAN*E< too3 the +itness stand and corroborated the testimon$ of the complainant. 2e
declared that in the evenin& of Au&ust =, '0//, he attended the festivities at <t. Mar$9s Colle&e +ith his &irl
friend, Minda Re$esB that the coronation ceremon$ ended at about ''.>? p.m.B that he and Minda left the
school about an hour laterB that as there +ere no more 1eepne$ that +ould ta3e Minda home to <olano, the$
decided to ta3e a +al3. *he$ +al3ed to the capitol buildin& &round and sat on a bench for about one and a half
hoursB then, the$ strolled a+a$ and +ent to the Pere# &randstand at the Clisoc ield beside the Nueva "isca$a
hi&h school.
8
*he$ +ere seated in the &randstand conversin& for about an hour +hen the$ sa+ three men
approachin&. 2e and Minda +ent do+n to avoid them, but the men overtoo3 them, and accused Ma&at and
"illar held Minda and too3 her a+a$. 2e +as left +ith accused Pastores +ho pointed a bolo at his stomach. 2e
tried to help Minda +ho +as cr$in& for help, but Pastores hit him in the solar ple,us. And +hen he ran up
to+ards the &randstand to +here Minda +as, he +as met b$ Ma&at and "illar +ho pointed a bolo at him and
po3ed a &un at his side. Ahen he tried to free himself from their hold, "illar bo,ed him, and he became
unconscious. Ahen he re&ained consciousness, Pastores ordered them to +al3 to+ards the di3e. Pastores and
Minda +ere ahead of them, the former holdin& a 3nife a&ainst Minda9s sideB he +as made to +al3 bet+een
Ma&at and "illar +ho had their +eapons pointed at his sides.
9
4n reachin& the ed&e of the di3e, Pastores ordered Ma&at and "illar to ta3e him a+a$, so the t+o forced him to
&o to the other side of the di3e some =? meters a+a$.
10
*here, he +as held at ba$ until it +as about =.>? or
/.?? in the mornin&. Ahen he inEuired from his t+o &uards +here Minda and Pastores could be, "illar left to
loo3 for them. "illar returned informin& them that the t+o could not be located. *he +itness then +as ta3en b$
Ma&at and "illar to the 1unction +here he too3 a tric$cle ride. 2e returned, ho+ever, to the di3e to loo3 for
Minda and +hen he failed to %nd her, he thou&ht of &oin& to the municipal buildin& to report the incident to
the police. 4n the +a$ to the to+n hall, he passed b$ their house and heard his mother in h$sterics. 2e learned
that Minda had alread$ passed that +a$ and had informed his mother that he +as missin&. 2e sta$ed b$ his
mother9s side until about 0 o9cloc3 +hen she %nall$ calmed do+n.
11
*his +itness admitted that +hen he +as ta3en a+a$ b$ Ma&at and "illar, he +as not able to see Pastores and
Minda an$moreB
12
and durin& all the time that the$ +ere at the other side of the di3e, these accused never left
his side. 2e also declared that he severed his relationship +ith Minda Re$es because of the incident.
Page 2 of 7
*he defense presented accused E5MDN5 MA6A*, +ho declared in court that after attendin& the coronation
ceremon$ at <t. Mar$9s Colle&e in the evenin& of Au&ust =, '0//, he conducted his &irl friend to her residence.
2e +as +al3in& home +ith a friend and nei&hbor, Eu&enio "illar +hen the$ +ere called b$ Carlos Pastores in
front of the billiard hall, and the$ +ere invited to +atch the &ames. *he$ 1oined Pastores and sta$ed in the
billiard hall for about one or t+o hours. *hen, the$ decided to &o home. Ahen the$ +ere almost at the corner
of the road leadin& to the house of Pastores, the latter as3ed his t+o companions to accompan$ him to the
&randstand +here he intended to pass the ni&ht, reasonin& that his father +ould &et an&r$ at his late arrival.
Ma&at and "illar obli&ed and +ent +ith him. Near the &randstand, the$ heard a +oman cr$in&. <he turned out
to be Minda Re$es +ho +as then bein& embraced b$ Au&usto Brillantes. Pastores approached them, and he
+as met b$ Au&usto +ho too3 him aside about 0 meters a+a$, and told him somethin&. Ahen Pastores
returned to his companions, he told them the$ +ere &oin& home. Minda thereupon ran after them, and +anted
to &o +ith them because Au&usto alle&edl$ +as drun3 and +as ma3in& a fool of her. Minda +al3ed +ith
Pastores ahead of the +itness and "illar. At the crossin& near the 6irl <couts buildin&, Pastores turned to them
and ordered him and "illar to &o home, +hich the$ did. !n their house, it +as his father +ho opened the door
for him. And, as his father +as scoldin& him for his late arrival, the +itness had to narrate +hat he and his
companions sa+ at the &randstand. 2e had alread$ &one sleep +hen he +as a+a3ened b$ their nei&hbor,
Patrolman Bula$a, +ho +as called b$ his father, and he had to repeat to the policeman the incident that the$
+itnessed at the &randstand.
Ma&at denied that he +as armed +hen he and his companions +ent to the &randstandB that the$ had
threatened Au&usto +ith harm, and that he tried to abuse Minda.
!n his testimon$, accused ED6EN!4 "!CCAR corroborated Ma&at9s declarations. 2e, too, denied the char&es
that the$ +ere armed +hen the$ +ent to the &randstand that the$ tried to abuse Minda, and that he bo,ed
Au&usto.
Patrolman ERNAN54 BDCA;A of the Ba$ombon& Police orce testi%ed that bet+een @ and > o9cloc3 in the
mornin& of Au&ust ), '0//, -uan Ma&at +o3e him up in his house and related to him the information &iven b$
his 7Ma&at9s8 son about the %ndin& b$ the latter and his companions of a cr$in& +oman in the &randstand. 2e
then +ent to the Ma&at residence to &et from Edmund the +hole stor$, and the latter repeated to him the
information previousl$ &iven to the father, and that Brillantes and Pastores raped the +oman. Aith -uan Ma&at,
+hom he reEuested to accompan$ him, +e +ent to the &randstand to verif$ Edmund9s stor$. indin& no one in
the place, the$ dropped at the house of "illar and the$ +ere told that "illar +as sleepin&. *he$ passed b$ the
d$3e and still meetin& no one, the$ dropped b$ the house of Pastores, +hich the$ found to be silent. *he
+itness then +ent to the municipal buildin& intendin& to ma3e a report on the matter, but he alread$ found
Minda Re$es &ivin& her statement to the oficer on dut$. 2e did not ma3e a report an$more.
-DAN MA6A* testi%ed alon& the same line as the policeman9s. 2e declared havin& learned from his son about
their %ndin& of a +oman cr$in& in the &randstandB that he +ent out and &ot Patrolman Bula$a to interro&ate
Edmund, because he +as interested to %nd the involvement of his said son in the incident.
or his part, accused CARC4< PA<*4RE< declared that at about midni&ht of Au&ust =, '0//, he +as at the
2a+aiian Recreational 2all +hen he chanced upon Edmund Ma&at and Eu&enio "illar, passin& b$. 2e invited
the t+o to +atch the &ames and the$ came in. Cater, as Ma&at +anted to &o home, the$ +al3ed out of the hall
to&ether. But he +as afraid that his father +ould &et an&r$ +ith him for comin& in late, so he as3ed his
companions to accompan$ him to the &randstand +here he intended to sleep. At a distance of about >? meters
from the &randstand, the$ heard the voice of a cr$in& +oman. *he$ found out she +as Minda Re$es, +ho +as
+ith Au&usto Brillantes. Ahen he +ent near the couple, Au&usto &ot up, pulled him aside, and told him that he
had se,ual intercourse +ith the &irl +ho did not li3e it and he had to force her. Au&usto then reEuested him to
leave him and Minda alone. 2e returned to his companions and informed them the$ +ere leavin&. But Minda
ran after them, held on to his hands and e,pressed desire to &o +ith them because Au&usto +as drun3 and he
mi&ht fool +ith her a&ain.
*he$ left the &randstandB Ma&at, "illar and Au&usto +al3in& behind him and Minda. As Ma&at +as determined
to &o home, he allo+ed Ma&at and "illar to leave. *hen he and Minda continued +al3in& until the$ reached the
di3e. *here, the$ met Mrs. Pacita Bicera, to +hom he introduced Minda as his s+eetheart. *he$ also met Mr.
Bicera and Mrs. Bicera9s brother +ho +ere both +or3in& as a Fban&3eroF 7boatmen8 in the river, and +hen
the$ +ere teased about their forthcomin& marria&e, Minda smiled and pinched him at his side.
13
Minda as3ed
him for transportation mone$, and since he had none, the$ proceeded to the house of Mrs. Bon&cad. *here,
the$ too3 cofeeB he +as sleep$, so he +ent inside the room and slept. Minda later came into the room, too3 of
his shoes +hich +ere mudd$ and +ashed them. Minda came in a&ain to remind him of the mone$ she +as
as3in& for, so he as3ed Mrs. Bon&cad to &ive Minda some. Mrs. Bon&cad had onl$ %ft$ centavos +hich she &ave
Page 3 of 7
to Minda. Dpon receipt of the mone$, Minda +ent inside the room and bade him &oodb$e +ith the promise to
return at noon. <he even 3issed him and said, F&oodb$e, dearF.
1)
2e +ent bac3 to sleep until about '' o9cloc3,
and returned to their o+n house +hen he could no lon&er +ait for Minda.
2e denied that he threatened Minda or bo,ed Au&usto, and declared that he 3ne+ Minda, +ho +as a
classmate of his in one sub1ect at the <t. Mar$9s Colle&e, and Au&usto, because the$ +ere from the same
barrio. *his testimon$ of accused Pastores +as corroborated b$ Pacita Bicera, !nocencio Ascado and
Concepcion Bon&cad +ho all declared that Minda +as introduced to them b$ Pastores as his &irl friend, to
+hich introduction Minda merel$ smiled.
Considerin& the evidence thus presented, the court in its decision of Ma$ >', '0/G found the char&es a&ainst
the accused to have been dul$ proved, and declared Carlos Pastores liable for the rape of Minda Re$es as
principal b$ direct participation, and accused Edmund Ma&at and Eu&enio "illar as principals b$ indispensable
cooperation, for their role in separatin& Au&usto Brillantes from the victim and standin& &uard over him, +hich
acts enabled accused Carlos Pastores to commit the rape +ithout interference or intervention. ConseEuentl$,
the three accused +ere sentenced to life imprisonment, and ordered to indemnif$ the victim, 1ointl$ and
severall$, in the amount of P=,???.??, and to pa$ the costs. rom this decision, the accused interposed the
present appeal.
!n this instance, appellants raise the Euestion of 1urisdiction of the trial court. !t is pointed out that +hereas
the s+orn complaint si&ned b$ Minda ". Re$es on Au&ust '=, '0// char&ed the accused of havin& se,ual
3no+led&e of the complainant b$ Fta3in& advanta&e of the fact that said Minda Re$es +as then in a state of
coma or unconsciousnessF, the information %led b$ the Provincial iscal, +hich does not contain the si&nature
of the ofended part$, alle&ed that the ofense +as committed throu&h force, threat and intimidation.
Appellants, therefore, contend that as the alle&ation of the information char&es a rape committed in a manner
diferent from that char&ed in the complaint si&ned b$ the ofended part$, then such complaint can not
properl$ be made the basis of the information as reEuired b$ <ection (, Rule ''? of the Revised Rules of
Court.
1*
!n other +ords, the issue bein& presented here is +hether or not a complaint si&ned b$ the ofended
part$ char&in& rape committed in a particular +a$ can be the basis of an information char&in& rape committed
in another +a$, for purposes of conferrin& 1urisdiction on the court.
*his issue is not reall$ ne+B it has alread$ been ans+ered in the afirmative. !n the case of People %s. Bangalao,
1+
involvin& e,actl$ the same set of facts, this Court ruled that an information char&in& rape committed on a
minor and demented &irl, based upon the complaint si&ned b$ the &irl9s mother alle&in& rape committed b$
means of force and intimidation, la+full$ confers 1urisdiction on the court to tr$ the case. *he reason for the
rulin& +as &iven thus.
... . !n the case at bar, ho+ever, the complaint +as for rape, and this &ave the court 1urisdiction
to tr$ the case. *he po+er or 1urisdiction of the court is not over the crime of rape +hen
committed on a minor and demented &irl, but over rape, irrespective of the manner in +hich
the same ma$ have been committed.
!t must be borne in mind that complaints are prepared in municipalities, in most cases +ithout
the advice or help of competent counsel. Ahen the case reaches the court of %rst instance, the
iscal usuall$ conducts another investi&ation, and thereafter %les the information +hich the
results thereof 1ustif$. *he ri&ht and po+er of the court to tr$ the accused for the crime of rape
attaches upon the %lin& of the complaint, and a chan&e in the alle&ations thereof as 7to8 the
manner of committin& the crime should not operate to divest the court of the 1urisdiction it has
alread$ acEuired. *he ri&ht or po+er to tr$ the case should be distin&uished from the ri&ht of
the accused to demand an acEuittal unless it is sho+n that he has committed the ofense
char&ed in the information even if he be found &uilt$ of another ofenseB in the latter case,
ho+ever, even if the court has no ri&ht to %nd the accused &uilt$ because the crime alle&ed is
diferent from that proved, it cannot be stated that the court has no 1urisdiction over the case.
7on p. >>/8
Appellant Pastores li3e+ise Euestions the decision %ndin& him &uilt$ of rape, ma3in& capital of the fact that the
ph$sician +ho conducted the ph$sical e,amination of the complainant after the incident found her h$men to be
intact, and that Minda9s behavior +hen she +as seen b$ +itnesses Bicera, Bon&cad, and Ascado did not
indicate that she had 1ust been ravished.
Page 4 of 7
*he rulin& of the court belo+ as re&ard Pastores must be afirmed. !t must be remembered that the fact that a
+oman9s h$men has no si&n of laceration does not preclude a %ndin& of rape. or, the rupture of the h$men or
laceration of an$ part of the +oman9s &enitalia is not indispensable to a conviction for rapeB
17
it is enou&h that
there is proof of entrance of the male or&an +ithin the labia of the pudendum.
18
!n the present case, in
addition to the positive declaration of the complainant about the consummation of rape on her person, +e have
the testimon$ of the e,aminin& ph$sician that +hen he e,amined complainant at about '' o9cloc3 in the
mornin& of Au&ust /, '0//, he found contusions in the vulva, con&ested condition and discoloration of h$men,
and fresh laceration at the posterior fourchette H in1uries +hich indicated that the ob1ect that in:icted them
had penetrated past the labia ma1ora of the pudendum. urthermore, the condition of complainant9s
unruptured h$men +as e,plained b$ the same ph$sician durin& the trial. 2e declared that there is a t$pe of
h$men, the elastic 3ind, that returns bac3 to its ori&inal vir&inal appearance even after se,ual intercourse, and
complainant9s belon&s to this t$pe.
19
!t ma$ be true that as testi%ed to b$ +itnesses Bicera, Bon&cad and Ascado, +hen complainant Minda Re$es
+as introduced to them b$ accused Pastores as his &irl friend, she ac3no+led&ed the introduction +ith smiles.
But that is understandable, considerin& that accordin& to complainant, she pretended that she li3ed the
accused in the hope that b$ so doin&, he +ould allo+ her to &o home. !ndeed, it must reall$ be this displa$ of
docilit$ that reassured Pastores that Minda +as under his control, so that +hen she a&ain as3ed for permission
to &o home, he %nall$ consented. Besides, if Minda +ent voluntaril$ +ith appellant, as the defense +ould +ant
the court to believe, because she +anted to avoid the compan$ of Au&usto, then +h$ +ould she continue
+al3in& +ith appellant and accompan$ him in pa$in& visits to his friends even after Au&usto had dropped out
of si&htI Certainl$, it is rather stran&e that a &irl +ho, a fe+ hours before, did not even +ant to be seen
conversin& +ith her bo$ friend in a public place such as the capitol &rounds for fear of +hat people +ould sa$,
+ould +illin&l$ &o +ith a man +hom she hardl$ 3ne+
20
and +al3 +ith him in a more or less isolated place at
earl$ mornin& hours, and allo+ herself to be introduced to his acEuaintances as his &irl friend. !t also runs
counter to the normal course of human behavior that a &irl +ho li3es a bo$ +ould 3iss and bid him &oodb$e 7as
defense +itnesses testi%ed Minda did8, and the moment she +as out of his si&ht, +ould proceed directl$ to the
municipal buildin& to %le a complaint for rape a&ainst him. Complainant9s behavior after the assault actuall$
supports her assertion that she +as threatened b$ Pastores that he +ould allo+ his t+o companions to do to
her +hat he 7Pastores8 had alread$ done, thus ma3in& her decide to &o alon& +ith the latter9s idea in order
that she ma$ have the chance to &et a+a$ from him. *rul$, a $oun& +oman and a colle&e student at that, li3e
this complainant, +ould not have char&ed a man of havin& raped her and come out and &ive all the sordid
details of her debasement in open court, if she +ere not reall$ sub1ected to such outra&eous act. Ae sustain,
therefore, the trial court9s rulin& &ivin& more credence to the testimon$ of the complainant. !n fact, it ma$ be
said that her not oferin& resistance to appellant9s imposition, that she should &o +ith him after her violation,
+as a ruse resorted to in order to escape from further harm and enabled her later to &o directl$ to the police
authorities to report and char&e the proper author of the criminal act. Complainant9s conduct indicates an
admirable presence of mind that bespea3s +ell of her character and intelli&ence.
Aith re&ard to the accused appellants Edmund Ma&at and Eu&enio "illar, their attac3s on the credibilit$ of the
ofended part$ and other +itnesses of the prosecution are not substantiall$ diferent from those of appellant
Pastores, +hich +ere properl$ disre&arded b$ the trial court as earlier discussed 7pa&es 0-'?8. *he same thin&
can be said of their contention that no rape could have ta3en place, in vie+ of the complainant9s unruptured
h$men. *hat this stand is untenable has been previousl$ sho+n in this opinion 7pa&es G-08.
*he trial court considered that all the accused appellants acted in conspirac$ and are eEuall$ responsible as
co-principals. Ae a&ree +ith defense counsel that the details of commission of the ofense do not satisfactoril$
support the %ndin& of conspirac$, particularl$ in vie+ of the uncontradicted fact that the herein appellants met
the complainant Minda Re$es and her companion and friend, Brillantes, purel$ b$ chance. Ahatever the
responsibilit$ of Ma&at and "illar, it must be predicated on their action in separatin& Brillantes from the
complainant +hen all %ve had reached the river di3e, and thereafter, preventin& Brillantes from renderin& aid
to Minda. Ahile this act +as undoubtedl$ one of help and cooperation, Ae do not vie+ it as indispensable, so
that the rape could not have been committed +ithout the seEuestration of Brillantes. !t must be recalled that at
the &randstand, the latter proved no match for Pastores, +ho bo,ed and efectivel$ +ea3ened BrillantesB and
further, Pastores +as then armed +ith a 3nife +hile Brillantes had no +eapon.
*hat "illar and Ma&at +ere a+are of Pastores9 criminal desi&n to rape Minda Re$es is apparent under the
circumstances. Dpon returnin& home Ma&at advised his father of +hat transpired at the river d$3e, and
thereafter the father informed patrolman Bula$a that Minda had been raped.
21
Considerin& that appellant
Edmund Ma&at had not seen either Pastores or Minda Re$es at the river d$3e after he and "illar had ta3en
Brillantes a+a$, Ma&at9s informin& his father that Minda had been raped demonstrates these t+o appellants9
a+areness of +hat Pastores intended to do +ith Minda +hen he as3ed his t+o companions to &uard Brillantes
+hile he 7Pastores8 compelled Minda to &o +ith him.
Page 5 of 7
"illar and Ma&at9s cooperation not bein& indispensable for the commission of the crime, the$ are onl$ liable as
accomplices, as admitted b$ "illar9s counsel in his brief 7pa&e '?8.
!n People %s. &amayo, (( Phil. >G, this Court made the <CRA G0@-G0G8, the accused +ho sta$ed outside the
house +hile the others robbed and 3illed the victims $et had 3no+led&e of the criminal intention of the other
accused and onl$ +ent alon& +ith them +as onl$ convicted as an accomplice. And in the case of People vs.
Crisostomo 7(/ Phil. ))=8, three of the accused +ho held the victims9 companions to prevent the latter from
renderin& an$ help to the victim +ho +as bein& 3idnapped +ere onl$ convicted as accomplices, even if
circumstances indicated conspirac$ amon& them, for their acts +ere not indispensable to the reali#ation of the
crime. Aell 3no+n is the rule that in case of doubt as to the participation of an accused the lesser liabilit$
should prevail.
!n People %s. Balili 76.R. C-'(?((, Au&ust =, '0//, ') observation that H
...........................................................................................
as a&ainst an accomplice, a court +ill sometimes dra+ the inference of &uilt$ participation in
the criminal desi&n from acts of concert in the consummation of the criminal act and from the
form and manner in +hich assistance is rendered, +here it +ould not dra+ the same inference
for the purpose of holdin& the same accused in the character of principal. *his is because, in
case of doubt, the courts naturall$ lean to the milder form of responsibilit$.
*he precedin& doctrine +as follo+ed in man$ subseEuent cases, collated in the decision penned b$ Mr. -ustice
ernando in People %s. &olentino, 6. R. No. C-@0('0, Au&ust >?, '0)'.
*he penalt$ for an accomplice is one de&ree lo+er than that prescribed for a principal 7Rev. Penal Code, Article
=@8B so that Pastores havin& been meted out re!lusion perpetua, the penalt$ for his accomplices should be
re!lusion temporal, ran&in& from '@ $ears and one 7'8 da$ to @? $ears. Appl$in& the !ndeterminate <entence
Ca+ 7Acts ('?> and (@@=8, Ma&at and "illar should be sentenced to a minimum penalt$ +ithin the ran&e of
prision mayor and to a ma,imum +ithin the ran&e of re!lusion temporal 7People vs. Mallari, /? Phil. (??8.
A2ERE4RE, the decision appealed from is afirmed in so far as it %nds appellant Carlos Pastores &uilt$ as
principal in the rape of complainant Minda Re$esB but the decision is modi%ed as to Edmund Ma&at and
Eu&enio "illar, +ho are found &uilt$ as accomplices merel$, instead, of co-principals, and each one of the t+o is
sentenced to under&o a minimum of ei&ht 7G8 $ears of prision mayor and a ma,imum of si,teen 7'/8 $ears of
re!lusion temporal. All three are 1ointl$ and severall$ condemned to indemnif$ the complainant in the sum of
P=,???.?? and to pa$ the costs.
Con!ep!ion' C.J.' (i)on' Ma*alintal' +aldi%ar' Castro' ,ernando' &ee"an*ee' Barredo' Villamor and Ma*asiar'
JJ.' !on!ur.
Foot#ot,s
' p. @=, t.s.n., hearin& of <eptember @/, '0/).
@ p. @?, t.s.n., hearin& of 4ctober (, '0/).
> p. '?@, t.s.n., hearin& of 4ctober >, '0/).
( p. /@, t.s.n., 4ctober >, '0/).
= p. /(, ibid.
/ p. //, ibid.
) pp. G@-G>, ibid.
G p. ''0, t.s.n., 4ctober @=, '0/).
Page 6 of 7
0 pp. '@@-'@=, hearin& of 4ctober @=, '0/).
'? p. '@=, ibid.
'' p. '@), ibid.
'@ pp. '=/-'=), ibid.
'> p. @'?, t.s.n., hearin& of 5ecember ), '0/).
'( p. @'=, ibid.
'= F<EC (. Aho must prosecute criminal actions. H
,,, ,,, ,,,
F*he ofenses of seduction, abduction, rape or acts of lasciviousness, shall not be prosecuted
e,cept upon a complaint %led b$ the ofended part$ or her parents, &randparents, or &uardian,
nor, in an$ case, if the ofender has been e,pressl$ pardoned b$ the above named persons, as
the case ma$ be. ... .F
'/ 0( Phil. >=(.
') People vs. Canastre, G@ Phil. (G?.
'G People vs. 2ernande#, (0 Phil. 0G?.
'0 p. @), t.s.n., hearin& of <eptember @), '0/).
@? Pastores claimed that he and the complainant +ere once classmates in one sub1ect at <t.
Mar$9s colle&eB Mind on the other hand, denied havin& 3no+n the accused prior to the incident.
@' *.s.n., Martine#, pa&e '(? 7) 5ecember '0/)8.
Page 7 of 7

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