Title: People v. Jaime Jose, G.R. No.
L-28232
Subject Matter: Conspiracy
Facts:
On June 26, 1967, four principal-accused Jaime Jose, Basilio Pineda Jr., Eduardo Aquino and Rogelio Caal conspired
together, confederated with and mutually helped one another, then and there, to willfully, unlawfully and feloniously, with
lewd design to forcibly abduct Magdalena Maggie dela Riva, 25 years old and single, a movie actress by profession at
the time of the incident, where the four principal accused, by means of force and intimidation using a deadly weapon,
have carnal knowledge of the complainant against her will, and brought her to the Swanky Hotel in Pasay City, and hence
committed the crime of Forcible Abduction with Rape.
Having established the element of conspiracy, the trial court finds the accused guilty beyond reasonable doubt of the
crime of forcible abduction with rape and sentences each of them to the death penalty.
Issue:
Whether or not the trial court made a proper ruling of the case considering the element of conspiracy.
Held:
No, the trial courts ruling was not proper. The SC ruled that since the element of conspiracy was present, where the act of
one is the act of all, each of the accused is also liable for the crime committed by each of the other persons who conspired
to commit the crime. The SC modified the judgment as follows: appellants Jaime Jose, Basilio Pineda Jr., and Eduardo
Aquino are guilty of the complex crime of forcible abduction with rape and each and every one of them is likewise
convicted of three (3) other crimes of rape. As a consequence thereof, each of them is likewise convicted with four death
penalties and to indemnify the victim of the sum of P10,000 in each of the four crimes. The case against Rogelio Caal
was dismissed only in so far as the criminal liability is concerned due to his death in prison prior to promulgation of
judgment.
People vs Jaime Jose y Gomez, et al.
Facts:
On June 26, 1967, four (4) principal-accused Jaime Jose, Basilio Pineda Jr., alias Boy, Eduardo Aquino Alias Eddie
and Rogelio Caal; together with Wong Lay Pueng, Silverio Guanzon and Jessie Guion as accomplices, conspired
together, confederated with and mutually helped one another, then and there, to willfully, unlawfully and feloniously, with
lewd design to forcibly abduct Magdalena Maggie de la Riva, 25 years old and single, a movie actress by profession at
the time of the incident, where the four principal accused, by means of force and intimidation using a deadly weapon,
have carnal knowledge of the complainant against her will, and brought her to the Swanky Hotel in Pasay City, and hence
committed the crime of Forcible Abduction with Rape.
Wherefore, the court finds that the accomplices Pueng, Guanzon and Guion, on the ground that the prosecution has failed
to establish a prima facie case against them, the Motion to Dismiss filed for and in their behalf is hereby granted, and the
case dismissed against them.
(Facts of this case are too descriptive. Id rather not include much details on the scene of the crime to protect the
complainants repute).
Issue:
(a) What kind of rape was committed?
Held:
Undoubtedly, rape is that which is punishable by the penalty reclusion perpetua to death, under paragraph 3, Article 335,
as amended by Republic Act 4111 which took effect on June 20, 1964. Under the law, rape is committed by having canal
knowledge of a woman under any of the following circumstances: (1) by using force and intimidation; (2) when the woman
is deprived of reason and otherwise unconscious; and (3) when the woman is under twelve years of age, even though
neither of the circumstances mentioned in the two next preceding paragraphs shall be present. The crime of rape shall be
punished by reclusion perpetua. Whenever the rape is committed the use of a deadly weapon or by two or more persons,
the penalty shall be reclusion perpetua to death.
As regards, therefore, the complex crime of forcible abduction with rape, the first of the crimes committed, and the latter is
the more serious; hence, pursuant to the provision of Art 48 of the RPC, the penalty prescribed shall be imposed in its
maximum period. Consequently, the appellants should suffer the extreme penalty of death. In this regard, there is hardly
any necessity to consider the attendance of aggravating circumstances, for the same would not alter the nature of the
penalty to be imposed.
However, said crime as attended with the following aggravating circumstances: (a) nighttime, appellants having purposely
sought such circumstance to facilitate the commission of these crimes; (b) abuse of superior strength, the crime having
been committed by the four appellants in conspiracy with one another; (c) ignominy, since the appellants in ordering the
complaint to exhibit to them her complete nakedness for ten minutes before raping her, brought about a circumstance
which tended to make the effects of the crime more humiliating; and (d) the use of motor vehicle.
Of the three principal-appellants (Jose, Aquino and Caal), none of them may claim aggravating circumstances has been
offset by the mitigating circumstance. Appellant Pineda should, however, be credited with the mitigating circumstance of
voluntary plea of guilty, a factor which does not in the least affect the nature of the proper penalties to be imposed, for the
reason that there would still be three aggravating circumstances remaining.
Insofar as the car used in the commission of the crime is concerned, the order of the court a quo for its confiscation is
hereby set aside; and whoever is in custody thereof is hereby ordered to deliver its possession to intervenor Filipinas
Investment & Finance Corporation in accordance with the judgment of the First Instance of Manila in Civil Case No. 69993
thereof.
Before the actual promulgation of the decision, the Court received a formal manifestation on the part of the Solicitor
general to the effect that Rogelio Caal, one of the herein appellants, died in prison on December 28, 1970. As a result,
the case is dismissed as to him alone, and only insofar as his criminal liability is concerned, with one-fourth (1/4) of the
costs declared de officio.
Wherefore, the judgment under review is hereby modified as follows: Jaime G. Jose, Basilio Pineda, Jr., and Eduardo P.
Aquino are pronounced GUILTY of the complex crime of forcible abduction with rape, and each and every one of them
likewise convicted of three (3) of the crimes of rape. As a consequence thereof, each of them is hereby sentenced to four
(4) death penalties; all of them shall jointly and severally, indemnify the complainant of the sum of P10,000.00 in each of
the four crimes, or a total of 40,000.00; and each shall pay one-fourth of the costs.