(225) BABANTO VS.

ZOSA
G.R. No. L-32895 February 28, 1983

FACTS:
Petitioner Eusebio Babanto, a policeman, approached Leonida Dagohoy, a 13 year old who was
considerably of low mentality. Babanto grabbed and told her that they’re going to the municipal
building but instead they went ABC hall where it was dark and empty. He then made her lie down
then proceeded to rape her despite Leonida’s resistance.

Babanto was in uniform and with a sidearm when the incident happened and threatened to shoot
her if she told it to anyone. Her parents eventually found out since they noticed she was acting
strange, and she finally admitted to the incident.

A charge of rape was filed against Babanto but he invoked his own alibis and denials.

ISSUES:
Whether the crime committed is rape or qualified seduction

RULING:
Yes. The crime committed is RAPE.

In the case at bar, considering the age, the mental abnormality and the fact that the accused was
in uniform with a sidearm is sufficient intimidation to convict for rape. The fact that the victim
tried to kick her way out negates and consent to the act.

He cannot be convicted with qualified seduction since the virginity of the victim was not alleged
in the information and it would be violative of his constitutional right to be informed of the nature
and cause of the accusation against him.
(227) PEOPLE V. SILVESTRE SUNPONGCO
G.R. No. L-42665 June 30, 1988

FACTS:
Juanita Angeles, a registered pharmacist was abducted by Arsenio Calayag, Silvestre Sunpongco,
Herminigildo Sunpongco and Benjamin Gabriel wherein he brought her to an uninhabited place.

Upon reaching the hotel, Silvestre pushed her into a room and locked the door. There he managed
to have sexual intercourse with her twice before her brother accompanied by CIS agents found
her.

The accused were apprehended and Sunpongco contended that he and the complainant were
sweethearts.

ISSUES:
Whether or not the crime of forcible abduction with rape was committed

RULING:
Yes. The crime of forcible abduction with rape was committed and the appellants are guilty
beyond reasonable doubt

The elements of forcible abduction are (1) that the person abducted is any woman, regardless of
her age, civil status, or reputation; (2) that the abduction is against her will; and (3) that the
abduction is with lewd designs.

Silvestre Sunpongco says that he and complainant were sweethearts who agreed to elope but
such defense is belied by the manner in which the so-called "elopement" was carried out. The
crime of rape is difficult both to prove and to disprove but the court finds the testimony of the
victim as a credible one.
(229) PEOPLE V. ALBURO
G.R. No. 85822 April 26, 1990

FACTS:
Evelyn Cartina, along with 2 of her high school friends, was offered a ride home by Romilo Alburo,
a jeepney driver. At first she was hesitant to hitch a ride but she eventually hopped in and sat
beside Alburo in the passenger’s seat.

When her two friends alighted, Alburo successfully took Evelyn to a secluded area and threatened
to stab her with a butcher’s knife if she resisted his advances. She refused to yield thus prompting
his to knock her head on the steering wheel rendering her unconscious.

Evelyn woke up and found out that her vagina was bleeding. She also saw Alburo putting his pants
back on. He gave her a ride back home and picked up passengers to make it appear as if nothing
had happened. But later on Alburo was apprehended.

Alburo claimed that he and Emily were sweethearts and that sex between them was consensual.
Moreover, he presented witnesses and adduced evidence in support of this claim.

ISSUE:
Whether or not Alburo is guilty of forcible abduction with rape

RULING:
Yes, he had abducted her against her will and gained carnal knowledge over her sans consent.

Anent the absurd claim that they were sweethearts, it was found out that the pictures came from
an ex and that the letters were spurious. Likewise, if he really was her lover, she would not be filing
a complaint of this gravity if she really did love him because it would jeopardize the relationship.

In conclusion, the court held that he took the Evelyn away against her will, with lewd designs,
subsequently forcing her to submit to his lust and rendering her unconscious in the process,
thereby justifying his conviction for the complex crime of forcible abduction with rape under Art.
48 in relation to Arts. 335 and 342 of the RPC.
(230) PEOPLE VS. GODINES
G.R. No. 93410 May 7, 1991

FACTS:
Private complainant Esther Ancajas was awakened from her sleep by a commotion emanating
from an adjacent room. She saw appellants Rolando Godines and Danny Moreno talking to the
spouses Vilaksi.

Godines exacted money from the couple and eventually hacked Milagros Vilaksi. Ancajas tried to
escape with her child but she was grabbed by appellants. They dragged her and the child out of
the house about 600 meters therefrom to a vacant grassy lot. There, appellants took turns in
having carnal knowledge of Ancajas under threats to kill the latter if she would resist.

Ancajas took refuge in the house of a neighbor where she fainted. When she regained
consciousness, she narrated to her neighbor the ordeal she went through. In an information,
appellants were charged of forcible abduction with rape but was convicted by the RTC of rape
only holding that forcible abduction is absorbed in the latter crime.

ISSUE:
Whether or not the RTC erred in convicting appellants for rape only.

RULING:
No. Appellants are guilty of two counts of rape with forcible abduction absorbed in the former
offense.

As to the crime committed by the appellants, the trial court correctly held that forcible abduction
is absorbed in the crime of rape if the main objective of the appellant is to rape the victim. The
appellants are charged of conspiring and confederating with each other in the commission of the
offense charged. No doubt the evidence show the appellants through force and intimidation and
conspiring with each other successfully raped the victim by taking turns in raping her while the
other held the child of the victim and threatened her against resisting. Obviously two rapes were
committed by the appellants. In a conspiracy the act of one is the act of all.