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Showing posts with the label Title 9

People v. Lactao | G.R. No. 56768 | October 29, 1993

Facts: Apolonia Aramburo, then in the early bloom of her youth, she was allegedly detained by the accused in his 2m. x 3m. dwelling for about two weeks, and there raped every night while his wife, at one time, watched with amusement. This is the version of the prosecution. Thus by reason of the evidence presented by the prosecution, which the trial court pronounced to be credible, accused PABLO LACTAO was found guilty of the crime of rape with serious illegal detention. He is now before us insisting on his innocence. The accused on the other hand asseverated the he never raped nor had sexual intercourse with Apolonia before or after 15 April 1979. He was merely accused of raping Apolonia because he failed to leave the land of Gabriel Aramburo, father of Apolonia and Avelina. Issue: Is there a complex crime of rape with serious illegal detention? Ruling: It may be worth to mention at the outset that there is no complex crime of rape with serious illegal detention. If the p...

People v Bacalso | G.R. No. 129055 | September 25, 2000

Facts: Provincial Prosecutor accuses Edgar Bacalso of the crime of Double murder with Frustrated Murder. It was alleged that the accused killed Artemio Cariit, Remelie Cariit  and Jerry Cariit by throwing a hand-grenade at said victims, thereby inflicting upon them multiple mortal wounds which were the direct and immediate cause of the deaths of said Artemio Cariit and Remelie Cariit and the serious wounding of said Jerry Cariit as a result of said explosion, which is contrary to law and in violation of Article 248 of the Revised Penal Code. Arraigned, the accused, assisted by counsel, entered a plea of "not guilty." Thereafter the RTC found the accused-appellant Edgar Bacalso guilty beyond reasonable doubt of the complex crime of double murder with frustrated murder.   The sentence of death having been imposed, the case has been elevated to this Court by way of automatic appeal. Issue: WON the testimonies of the witnesses are enough to establish the criminal liabil...