GR 54445; (May, 1989) (Digest)
G.R. No. 54445 May 12, 1989
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. MARIO NUNAG, ARNEL MANDAP, alias “Bubot”, EFREN SALANGSANG, DANILO CARPIO and DIOSDADO MANALILI, accused-appellants.
FACTS
The accused-appellants were charged with the crime of Rape. Complainant Lorenza Lopez, then about fifteen and a half years old, testified that in the second week of May 1978, while watching television outside a neighbor’s house, accused Mario Nunag, appearing drunk, approached her. He forced her at knifepoint to a nearby ricefield. Soon after, the four other accused, all known to her, arrived. They held her hands and feet while Nunag, followed by Arnel Mandap, had carnal knowledge of her against her will. She lost consciousness and later regained it while Diosdado Manalili was abusing her. The accused threatened to kill her and her family if she reported the incident. Her subsequent pregnancy, resulting in the birth of twins who died, led to the discovery of the crime.
In their defense, Nunag, Salangsang, and Manalili admitted to having sexual intercourse with the complainant but claimed it was consensual and occurred on different dates, with the complainant allegedly soliciting money. Carpio and Mandap denied any sexual intercourse, with Mandap claiming the complainant made an advance. The trial court convicted all five accused of a single crime of rape committed in concert.
ISSUE
Whether the accused-appellants are guilty of the crime of rape and, if so, the correct number of offenses and corresponding penalties.
RULING
The Supreme Court affirmed the conviction but modified the trial court’s judgment regarding the number of crimes and the penalties. The Court found the complainant’s testimony credible, straightforward, and consistent, and it withstood rigorous cross-examination. The defense of consensual sex was rejected, as the testimonies of the accused were inconsistent, improbable, and failed to discredit the positive identification and detailed account of force and intimidation by the victim.
The legal logic centers on the nature of the criminal acts. The Court ruled that each carnal knowledge committed by different individuals under these circumstances constitutes a separate and distinct crime of rape. The act of holding the victim down constituted indispensable cooperation, making each participant liable as a principal for every rape committed. Consequently, Nunag, Mandap, and Manalili, who were directly identified as having carnal knowledge, were found guilty of three counts of rape each by direct participation. Salangsang and Carpio, who were held to have indispensably cooperated by restraining the victim during the successive assaults, were also found guilty of three counts of rape each as principals by indispensable cooperation. The penalties were adjusted accordingly, with considerations for the minority of Manalili and Carpio at the time of the offense.