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People Vs Jose Digest

The four appellants were found guilty beyond reasonable doubt of forcibly abducting and raping Maggie De la Riva in the early morning hours of June 26, 1967 in Quezon City. The appellants bumped Ms. De la Riva's car with their Pontiac convertible before appellant Pineda forcibly pulled her from her vehicle and into theirs. They drove her to a hotel in Pasay City where all four men took turns raping her. After releasing her with threats, Ms. De la Riva reported the crime. Three of the appellants pleaded not guilty while one pleaded guilty. The trial court and Supreme Court both found the four men guilty of forcible abduction with rape, sentencing them to death and to pay 10

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Russell John Hipolito
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474 views1 page

People Vs Jose Digest

The four appellants were found guilty beyond reasonable doubt of forcibly abducting and raping Maggie De la Riva in the early morning hours of June 26, 1967 in Quezon City. The appellants bumped Ms. De la Riva's car with their Pontiac convertible before appellant Pineda forcibly pulled her from her vehicle and into theirs. They drove her to a hotel in Pasay City where all four men took turns raping her. After releasing her with threats, Ms. De la Riva reported the crime. Three of the appellants pleaded not guilty while one pleaded guilty. The trial court and Supreme Court both found the four men guilty of forcible abduction with rape, sentencing them to death and to pay 10

Uploaded by

Russell John Hipolito
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JAIME JOSE Y GOMEZ, ET AL., defendants.

JAIME
JOSE Y GOMEZ,BASILIO PINEDA,JR., alias “BOY,” EDGARDO AQUINO Y PAYUMO and ROGELIO CAÑAL Y
SEVILLA, defendants-appellants
L-28323
February 6, 1971
PER CURIAM:

FACTS:

At around 4:30 AM of June 26, 1967, in Quezon City, Maggie De la Riva, homeward bound from
the ABS Studio on Roxas Blvd., Pasay City, was driving car accompanied by her maid Helen Calderon,
who was also at the front seat. Her house was at No. 48, 12th Street, New Manila, Quezon City. When
she was already near her destination when a Pontiac two-door convertible car with four men aboard
(later identified as the four appellants) came abreast of her car and tried to bump it. She stepped on her
brakes to avoid a collision, and then pressed on the gas and swerved her car to the left, at which
moment she was already in front of her house gate; The Pontiac again tried to hit her car prompting her
to stop, the appellant Pineda jumped out of the car and rushed toward her. Pineda then opened her
door and took his car with the help of the 3 other passenger. The appellants were successful at
abducting the victim speeding towards Broadway street.

The car stopped in Swanky Hotel in Pasay City. The 4 suspects then took turns and raped her.
She was then released after the incident and was threatened not to tell anyone of what happened or
they will hurt her. She was then transferred to a UBL taxicab and upon reaching home told her mother
of what happened and was treated by a doctor. On June 29, after a few days of discussing what to do
they went to the QCPD to report the incident. On the same day Jose was apprehended and later
identified by the victim. Jose then executed a statement on what happened on the 26 th and identified
the other suspects. The 3 others were eventually arrested. Jose, Aquino and Canal pleaded not guilty
and Pineda pleaded guilty. On October 2, 1967 the trial court found accused Jaime Jose, Rogelio
Cañal, Eduardo Aquino and Basilio Pineda, Jr. guilty beyond reasonable doubt of the crime of forcible
abduction with rape and sentenced them to Death and to indemnify the victim the amount of 10,000
pesos. Hence the automatic review.

ISSUE:

WON the accused are guilty beyond reasonable doubt?

RULING:

Yes, the SC were convinced that the four appellants have conspired together to commit the crimes
imputed to them in the amended information quoted at the beginning of this decision. There is no
doubt at all that the forcible abduction of the complainant from in front of her house in Quezon City,
was a necessary if not indispensable means which enabled them to commit the various and successive
acts of rape upon her person.

Rogelio Canal died in prison in 1970, the tree remaining accused are sentenced to death and to
indemnify the victim 10,000 pesos each.

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