People v Cariat

G.R. No. 223565, June 18, 2018

Del Castillo, J.

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, 
-versus-
JONATHAN PAL, THANIEL MAGBANTA, DODONG MANGO [RON ARIES DAGATAN CARIA T] and alias TAT AN CUTACTE, Accused, RON ARIES DAGATAN CARIAT

Issue: Whether appellant was guilty of the crime of rape.

Ruling: Yes.

To secure a conviction for rape under Article 266-A of the Revised Penal Code, the prosecution must prove that (1) the offender had carnal knowledge of a woman; and (2) he accomplished such act through force, threat, or intimidation, or when she was deprived of reason or otherwise unconscious, or when she was under twelve years of age or was demented.

In this case, the prosecution had sufficiently established the existence of the elements above. The testimony of "AAA" established that Magbanta had sexual intercourse with her with the assistance of appellant, Pal, and Cutacte. "AAA" testified that appellant held her, pointed a knife at her, and helped his co-accused drag her to a secluded grassy area where Magbanta punched her and forced her to lie down. Magbanta then undressed her and inserted his penis inside her vagina while her legs were held by appellant. These circumstances show that Magbanta had sexual intercourse with "AAA" against her will through force, threat, and intimidation and with the assistance of appellant and the other accused.

The Court likewise finds that conspiracy was established in this case. There is conspiracy "when the acts of the accused demonstrate a common design towards the accomplishment of the same unlawful purpose."10 While appellant did not personally have sexual intercourse with "AAA", the acts of appellant, Magbanta, Pal, and Cutacte clearly demonstrated a common design to have carnal knowledge of "AAA". Appellant helped Magbanta, Pal, and Cutacte in restraining "AAA" and in dragging her to a secluded grassy area. He also pointed a knife at "AAA" and held her while Magbanta inserted his penis into "AAA's" vagina. Unmistakably, appellant concurred in the criminal design to rape "AAA". Since there was conspiracy among appellant, Magbanta, Pal, and Cutacte, the act of one was the act of all making them equally guilty of the crime of rape against "AAA".

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