G.R. No.

L-28232 February 6, 1971 undersigned complainant against her will,

to her damage and prejudice in such
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, amount as may be awarded to her under
vs. the provisions of the civil code.
JAIME JOSE Y GOMEZ, ET AL., defendants. JAIME JOSE Y
GOMEZ, BASILIO PINEDA, JR., alias "BOY," EDGARDO That WONG LAY PUENG, SILVERIO
AQUINO Y PAYUMO and ROGELIO CAÑAL Y GUANZON y ROMERO, and JESSIE GUION y
SEVILLA, defendants-appellants. ENVOLTARIO without taking a direct part in
the execution of the offense either by
Office of the Solicitor General Antonio P. Barredo and Solicitor forcing, inducing the principal accused to
Augusto M. Amores for plaintiff-appellee. execute, or cooperating in its execution by
an indispensable act, did, then and there
Baizas, Alberto and Associates, Andreciano F. Caballero and cooperate in the execution of the offense by
Lota, Paraiso, Garcia and Dueñas for defendant-appellant previous or simultaneous acts, that is, by
Jaime G. Jose. cooperating, aiding, abetting and permitting
the principal accused in sequestering the
undersigned complainant in one of the
Mabanag, Eliger and Associates for defendant-appellant
rooms of the Swanky Hotel then under the
Basilio Pineda, Jr.
control of the accused Wong Lay Pueng,
Silverio Guanzon y Romero and Jessie Guion
Sycip, Salazar, Luna, Manalo and Feliciano for defendant- y Envoltario, thus supplying material and
appellant Edgardo P. Aquino. moral aid in the consummation of the
offense.
Antonio Coronel Law Office and Roberto J. Ignacio for
defendant-appellant Rogelio S. Canial. That the aforestated offense has been
attended by the following aggravating
PER CURIAM: circumstances:

The amended complaint filed in this case in the court below, 1. Use of a motor vehicle.
reads as follows:
2. Night time sought purposely to facilitate
The undersigned complainant accuses the commission of the crime and to make
JAIME JOSE Y GOMEZ, BASILIO PINEDA, JR. its discovery difficult;
Alias "BOY," EDUARDO AQUINO Y PAYUMO
alias "EDDIE" and ROGELIO CAÑAL Y 3. Abuse of superior strength;
SEVILLA alias "ROGER," as principals, WONG
LAY PUENG, SILVERIO GUANZON Y ROMERO
4. That means were employed or
and JESSIE GUION Y ENVOLTARIO as
circumstances brought about which added
accomplices, of the crime of Forcible
ignominy to the natural effects of the act;
Abduction with rape, committed as follows:
and
That on or about the 26th day of June,
5. That the wrong done in the commission
1967, in Quezon City, and within the
of the crime be deliberately augmented by
jurisdiction of this Honorable Court, the
causing other wrong not necessary for the
above-named principal accused, conspiring
commission.
together, confederating with and mutually
helping one another, did, then and there,
wilfully, unlawfully and feloniously, with CONTRARY TO LAW.
lewd design, forcibly abduct the
undersigned complainant against her will, Upon arraignment, Basilio Pineda, Jr. pleaded guilty to the
and did, then and there take her, pursuant charge imputed in the above-quoted amended complaint;
to their common criminal design, to the however, in an order dated July 11, 1967, the court reserved
Swanky Hotel in Pasay City, where each of judgment "until such time as the prosecution shall have
the four (4) accused, by means of force and concluded presenting all of its evidence to prove the
intimidation, and with the use of a deadly aggravating circumstances listed in the complaint." Upon the
weapon, have carnal knowledge of the other hand, the rest of the defendants went to trial on their
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respective pleas of not guilty. After the merits, the court on Roxas Blvd., Pasay City, was driving her bantam car
below rendered its decision on October 2, 1967, the accompanied by her maid Helen Calderon, who was also at
dispositive portion of which reads as follows: the front seat. Her house was at No. 48, 12th Street, New
Manila, Quezon City. She was already near her destination
WHEREFORE, the Court finds the accused when a Pontiac two-door convertible car with four men
Jaime Jose, Rogelio Cañal, Eduardo Aquino aboard (later identified as the four appellants) came abreast
and Basilio Pineda, Jr. guilty beyond of her car and tried to bump it. She stepped on her brakes to
reasonable doubt of the crime of forcible avoid a collision, and then pressed on the gas and swerved
abduction with rape as described under Art. her car to the left, at which moment she was already in front
335 of the Revised Penal Code, as amended, of her house gate; but because the driver of the other car
and hereby sentences each of them to the (Basilio Pineda, Jr.) also accelerated his speed, the two cars
death penalty to be executed at a date to almost collided for the second time. This prompted Miss De la
be set and in the manner provided for by Riva, who was justifiably annoyed, to ask: "Ano ba?"
law; and each to indemnify the complainant Forthwith, Pineda stopped the car which he was driving,
in the amount of ten thousand pesos. On jumped out of it and rushed towards her.
the ground that the prosecution has failed
to establish a prima facie case against the The girl became so frightened at this turn of events that she
accomplices Wong Lay Pueng, Silverio tooted the horn of her car continuously. Undaunted, Pineda
Guanzon y Romero, and Jessie Guion y opened the door of Miss De la Riva's car and grabbed the
Envoltario, the Motion to Dismiss filed for lady's left arm. The girl held on tenaciously to her car's
and in their behalf is hereby granted, and steering wheel and, together with her maid, started to
the case dismissed against the scream. Her strength, however, proved no match to that of
aforementioned accused. Pineda, who succeeded in pulling her out of her car. Seeing
her mistress' predicament, the maid jumped out of the car
Insofar as the car used in the abduction of and took hold of Miss De la Riva's right arm in an effort to
the victim which Jaime Jose identified by free her from Pineda's grip. The latter, however, was able to
pointing to it from the window of the drag Miss De la Riva toward the Pontiac convertible car,
courtroom and pictures of which were whose motor was all the while running.
submitted and marked as Exhibits "M" and
"M-1," and which Jaime Jose in his When Miss De la Riva, who was being pulled by Pineda, was
testimony admitted belonged to him, very near the Pontiac car, the three men inside started to
pursuant to Art. 45 of the Revised Penal assist their friend: one of them held her by the neck, while
Code, which requires the confiscation and the two others held her arms and legs. All three were now
forfeiture of the proceeds or instruments of pulling Miss De la Riva inside the car. Before she was
the crime, the Court hereby orders its completely in, appellant Pineda jumped unto the driver's seat
confiscation. and sped away in the direction of Broadway Street. The maid
was left behind.
This case is now before us by virtue of the appeal interposed
by Basilio Pineda, Jr., Edgardo Aquino, and Jaime Jose, and for The complainant was made to sit between Jaime Jose and
automatic review as regards Rogelio Cañal. However, for Edgardo Aquino at the back seat; Basilio Pineda, Jr. was at the
practical purposes all of them shall hereafter be referred to as wheel, while Rogelio Cañal was seated beside him. Miss De la
appellants. Riva entreated the appellants to release her; but all she got in
response were jeers, abusive and impolite language that the
The complainant, Magdalena "Maggie" de la Riva, was, at the appellants and threats that the appellants would finish her
time of the incident, 25 years old and single; she graduated with their Thompson and throw acid at her face if she did not
from high school in 1958 at Maryknoll College and finished keep quiet. In the meantime, the two men seated on each
the secretarial course in 1960 at St. Theresa's College. Movie side of Miss De la Riva started to get busy with her body: Jose
actress by profession, she was receiving P8,000.00 per put one arm around the complainant and forced his lips upon
picture. It was part of her work to perform in radio broadcasts hers, while Aquino placed his arms on her thighs and lifted
and television shows, where she was paid P800.00 per month her skirt. The girl tried to resist them. She continuously
in permanent shows, P300.00 per month in live promotional implored her captors to release her, telling them that she was
shows, and from P100.00 to P200.00 per appearance as guest the only breadwinner in the family and that her mother was
in other shows. alone at home and needed her company because her father
was already dead. Upon learning of the demise of Miss De la
So it was that at about 4:30 o'clock in the morning of June 26, Riva's father, Aquino remarked that the situation was much
1967, Miss De la Riva, homeward bound from the ABS Studio better than he thought since no one could take revenge
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against them. By now Miss De la Riva was beginning to realize complainant was putting up stiff resistance, Jose cursed her
the futility of her pleas. She made the sign of the cross and and hit her several times on the stomach and other parts of
started to pray. The appellants became angry and cursed her. the body. The complainant crossed her legs tightly, but her
Every now and then Aquino would stand up and talk in attacker was able to force them open. Jose succeeded in
whispers with Pineda, after which the two would exchange having carnal knowledge of the complainant. He then left the
knowing glances with Cañal and Jose. room.

The car reached a dead-end street. Pineda turned the car The other three took their turns. Aquino entered the room
around and headed towards Victoria Street. Then the car next. A struggle ensued between him and Miss De la Riva
proceeded to Araneta Avenue, Sta. Mesa Street, Shaw during which he hit, her on different parts of the body. Like
Boulevard, thence to Epifanio de los Santos Avenue. When Jose, Aquino succeeded in abusing the complainant. The girl
the car reached Makati, Aquino took a handkerchief from his was now in a state of shock. Aquino called the others into the
pocket and, with the help of Jose, blindfolded Miss De la Riva. room. They poured water on her face and slapped her to
The latter was told not to shout or else she would be stabbed revive her. Afterwards, three of the accused left the room,
or shot with a Thompson. Not long after, the car came to a leaving Pineda and the complainant After some struggle
stop at the Swanky Hotel in Pasay City The blindfolded lady during which Pineda hit her, the former succeeded in forcing
was led out of the car to one of the rooms on the second his carnal desire on the latter. When the complainant went
floor of the hotel. into a state of shock for the second time, the three other men
went into the room again poured water on the complainant's
Inside the room Miss De la Riva was made to sit on a bed. Her face and slapped her several times. The complainant heard
blindfold was removed. She saw Pineda and Aquino standing them say that they had to revive her so she would know what
in front of her, and Jose and Cañal sitting beside her, all of was happening. Jose, Aquino and Pineda then left the room. It
them smiling meaningfully. Pineda told the complainant: was now appellant Canal's turn. There was a struggle
"Magburlesque ka para sa amin." The other three expressed between him and Miss De la Riva. Like the other three
their approval and ordered Miss De la Riva to disrobe. The appellants before him, he hit the complainant on different
complainant ignored the command. One of the appellants parts of the body and succeeded in forcing his carnal lust on
suggested putting off the light so that the complainant would her.
not be ashamed. The idea, however, was rejected by the
others, who said that it would be more pleasurable for them Mention must be made of the fact that while each of mention
if the light was on. Miss De la Riva was told to remove her must be made the four appellants was struggling with the
stocking in order, according to them, to make the complainant, the other three were outside the room, just
proceedings more exciting. Reluctantly, she did as directed, behind the door, threatening the complainant with acid and
but so slowly did she proceed with the assigned task that the telling her to give in because she could not, after all, escape
appellants cursed her and threatened her again with the what with their presence.
Thompson and the acid. They started pushing Miss De la Riva
around. One of them pulled down the zipper of her dress; After the appellants had been through with the sexual
another unhooked her brassiere. She held on tightly to her carnage, they gave Miss De la Riva her clothes, told her to get
dress to prevent it from being pulled down, but her efforts dressed and put on her stockings, and to wash her face and
were in vain: her dress, together with her brassiere, fell on comb her hair, to give the impression that nothing had
the floor. happened to her. They told her to tell her mother that she
was mistaken by a group of men for a hostess, and that when
The complainant was now completely naked before the four the group found out that she was a movie actress, she was
men, who were kneeling in front of her and feasting their released without being harmed. She was warned not to
eyes on her private parts. This ordeal lasted for about ten inform the police; for if she did and they were apprehended,
minutes, during which the complainant, in all her nakedness, they would simply post bail and later hunt her up and
was asked twice or thrice to turn around. Then Pineda picked disfigure her face with acid. The appellants then blindfolded
up her clothes and left the room with his other companions. Miss De la Riva again and led her down from the hotel room.
The complainant tried to look for a blanket with which to Because she was stumbling, she had to be carried into the
cover herself, but she could not find one. car. Inside the car, a appellant Jose held her head down on his
lap, and kept it in that position during the trip, to prevent her
Very soon, Jose reentered the room and began undressing from being seen by others.
himself. Miss De la Riva, who was sitting on the bed trying to
cover her bareness with her hands, implored him to ask his Meanwhile, the four appellants were discussing the question
friends to release her. Instead of answering her, he pushed of where to drop Miss De la Riva. They finally decided on a
her backward and pinned her down on the bed. Miss De la spot in front of the Free Press Building not far from Epifanio
Riva and Jose struggled against each other; and because the de los Santos Avenue near Channel 5 to make it appear,
3
according to them, that the complainant had just come from proceeded to the headquarters where Miss De la Riva
the studio. Pineda asked Jose to alight and call a taxicab, but identified appellant Jaime Jose from among a group of
to choose one which did not come from a well-known persons inside the Office of the Chief of Police of Quezon City
company. Jose did as requested, letting several taxicabs pass as one of the four men he abducted and raped her. She
by before flagging a UBL taxicab. After they warned again executed another statement (Exh. "B-1") wherein she made a
Miss De la Riva not to inform anyone of what had happened formal identification of Jose and related the role played by
to her, appellant Canal accompanied her to the taxicab. The him.
time was a little past 6:00 o'clock. When Miss De la Riva was
already inside the cab and alone with the driver, Miguel F. At about 9:00 o'clock of the same evening, appellant Jose
Campos, she broke down and cried. She kept asking the driver executed a statement (Exh. "I") before Pat. Marcos G. Viñas.
if a car was following them; and each time the driver In his statement, which was duly sworn. Jose admitted that
answered her in the negative. he knew about, and was involved in, the June 26 incident. He
named the other line appellants as his companions. Jose
It was 6:30 o'clock — or some two hours after the abduction stated, among other things, that upon the initiative of Pineda,
— when Miss De la Riva reached home. Her mother, her he and the other three waited for Miss De la Riva to come out
brother-in-law Ben Suba, as well as several PC officers, of the ABS Studio; that his group gave chase to the
policemen and reporters, were at the house. Upon seeing her complainant's car; that it was Pineda who blindfolded her and
mother, the complainant ran toward her and said, "Mommy, that only Pineda and Aquino criminally assaulted the
Mommy, I have been raped. All four of them raped me." The complainant.
mother brought her daughter upstairs. Upon her mother's
instruction, the complainant immediately took a bath and a After Exh, "I" was executed by Jose, an informant furnished
douche. The older woman also instructed her daughter to Pat. Vinas with a picture of appellant Edgardo Aquino. The
douche himself two or three times daily with a strong picture was shown to Miss De la Riva, who declared in her
solution to prevent infection and pregnancy. The family sworn statement (Exh. "B-3") that the man in the picture was
doctor, who was afterwards summoned, treated the one of her abductors and rapists. The same picture was
complainant for external physical injuries. The doctor was shown to Jose, who, in another sworn statement (Exh. "I-l"),
not, however, told about the sexual assaults. Neither was Pat. identified the man in the picture as appellant Aquino.
Pablo Pascual, the police officer who had been sent by the
desk officer, Sgt. Dimla, to the De la Riva residence when the After the apprehension of Jose, the other three soon fell into
latter received from a mobile patrol a report of the snatching. the hands of the authorities: Pineda and Cañal on July 1,
When Miss De la Riva arrived home from her harrowing 1967, in Lipa City, and Aquino on July 5, 1967, in the province
experience, Pat. Pascual attempted to question her, but Ben of Batangas. On the evening of July 1, 1967. Miss De la Riva
Suba requested him to postpone the interrogation until she pointed to Pineda and Cañal as among the four persons who
could be ready for it. At that time, mother and daughter were abducted and raped her. She picked them out from among
still undecided on what to do. several person in the Office of the Chief of Police of Quezon
City. Later in the same evening, Miss De la Riva executed a
On the afternoon of June 28, 1967, the complainant family sworn statement (Exh. B-2)wherein she made the same
gathered to discuss what steps, if any, should be taken. After identification of the two appellants from among a group of
some agonizing moments, a decision was reached: the persons in the Office of the Chief of the Detective Bureau,
authorities had to be informed. Thus, early on the morning of adding that appellant Cañal had tattoo marks on his right hip.
June 29, 1967, or on the fourth day after the incident, Miss After the identification, one of the policemen took appellant
De la Riva, accompanied by her lawyer, Atty. Regina O. Cañal downstairs and undressed him, and he saw, imprinted
Benitez, and by some members of the family, went to the on the said appellant's right hip, the words "Bahala na Gang."
Quezon City Police Department Headquarters, filed a
complaint and executed a statement (Exh. "B") wherein she Appellant Cañal and Pineda executed and swore to separate
narrated the incident and gave descriptions of the four men statements on the day of their arrest. In his statement (Exh.
who abused her. In the afternoon of the same day, the "G"), appellant Cañal confirmed the information previously
complainant submitted herself ito a medico-internal given by Jose that the four of them waited for Miss De la Riva
examination by Dr. Ernesto Brion, NBI Chief Medico-Legal to come down from the ABS Studio, and that they had
Officer. planned to abduct and rape her. Appellant Cañal admitted
that all four of them participated in the commission of the
During the physical examination of the complainant by Dr. crime, but he would make it appear that insofar as he was
Brion on June 29, 1967, Pat. Pascual was also at the NBI concerned the complainant yielded her body to him on
office. There he received a telephone call from the police condition that he would release her. Pineda executed a
headquarters to the effect that one of the suspects had been statement (Exh. "J") stating that he and his other three
apprehended. That evening, the complainant and Pat. Pascual companions wept to the ABS Studio, and that, on learning
4
that Miss De la Riva was there, they made plans to wait for red-bodied, black topped two-door
her and to follow her. He admitted that his group followed convertible Plymouth (Pontiac) car of Jaime
her car and snatched her and took her to the Swanky Hotel. Jose, and with Pineda at the wheel repaired
He would make it appear, however, that the complainant to Cubao After dislodging their new friend,
voluntarily acceded to having sexual intercourse with him. Pineda steered the car to España Extension
to bring Aquino to his home in Mayon
In his medical report (Exh. "K"), Dr. Brion noted the presence Street. But somewhere in España Extension
of multiple contusions and bruises on different parts of the before the Rotonda a small car whizzed to
complainant's body, as well as of genital injuries. On the them almost hitting them. They saw that
witness stand the doctor was shown several photographs of the driver was a woman. Pineda gave chase
the complainant taken in his presence and under his and coming abreast of the small car he
supervision. With the aid of the photographs and the medical shouted, "Putang ina mo, kamuntik na
reports, the doctor explained to the court that he found kaming mamatay." The woman continued
contusions or bruises on the complainant's chest, shoulders, on her way. Now Pineda saying "let us teach
arms and fore-arms, right arm index finger, thighs, right knee her a lesson," sped after her and when she
and legs. He also declared that when he was examining her, swerved ostensibly to enter a gate, Pineda
Miss De la Riva complained of slight tenderness around the stopped his car behind being hurriedly got
neck, on the abdominal wall and at the sites of the down, striding to the small car, opened the
extragenital physical injuries, and that on pressing the said door and started dragging the girl out. Both
injuries, he elicited a sigh of pain or tenderness on the part of Jose and Aquino confirm the presence of
the subject. The injuries, according to Dr. Brion, could have another woman inside the girl's car, who
been caused blows administered by a closed fist or by the helped the girl struggle to get free from
palm of the hand, and could have been inflicted on the Pineda's grip; and that the struggle lasted
subject while she was being raped. It was the doctor's opinion about ten minutes before Pineda finally
that they could have been sustained on or about June 26, succeeded in pushing the girl into the red
1967. In connection with the genital examination, the doctor convertible. All the three accused insist they
declared that he found injuries on the subject's genitalia did nothing to aid Pineda: but they also
which could have been produced by sexual intercourse admit that they did nothing to stop him.
committed on June 26, 1967. He said that he failed to find
spermatozoa. He explained, however, that spermatozoa are Now the defense contends that Pineda
not usually found in the vagina after the lapse of three days cruised around and around the area just to
from the last intercourse, not to mention the possibility that scare the girl who was in truth so scared
the subject might have douched herself. that she begged them to let her be and
return her to her home. She turned to Jose
The three appellants who pleaded not guilty (Jose, Aquino in appeal, but this one told her he could net
and Cañal) took the witness stand. We quote hereunder the do anything as the "boss" was Pineda.
portions of the decision under review relative to the theory of Aquino heard her plead with Jose "do you
the defense: not have a sister yourself?" but did not bear
the other plea 'do you not have a mother?'
Their story is that they and their co-accused Then Pineda stopped at the corner of the
Pineda had gone to the Ulog Cocktail street where he had forcibly snatched the
Lounge somewhere in Mabini street in girl presumably to return her, but then
Manila, and there killed time from 9:30 in suddenly changing his mind he said, 'why
the evening of June 25 until closing time, don't you do a strip tease for us. I'll pay you
which was about 3:30 in the early morning P1,000.00 and the girl taunted, 'are you
of the next day. At the cocktail lounge they kidding?': that after a little while she
had listened to the music while enjoying consented to do the performance as long as
some drinks. Between them they had it would not last too long and provided the
consumed a whole bottle of whisky, so spectators were limited to the four of them.
much so that at least Aquino became drunk,
according to his own testimony. They had Pineda sped the car until they got to
been joined at their table by a certain Swanky Hotel where he and Maggie
Frankie whom they met only that night. alighted first, but not before Maggie had
Come time to go home, their new borrowed a handkerchief from one of them
acquaintance asked to be dropped at his to cover her face as she went up the Hotel.
home in Cubao. The five men piled into the The three followed, and when they saw the

5
pair enter a room, they quickly caught up. read in the newspapers that he was
All the three accused testify that as soon as wanted, he surrendered on July 5 to Mrs.
they got into the room, Maggie de la Riva Aurelia Leviste, wife of the governor of
asked the boys to close the windows before Batangas.
she. undressed in front of them. They
themselves also removed their clothing. The striptease-act-for-a-fee story on which the defense
Two of them removed their pants retaining theory is anchored, defies one's credulity and reason, and had
their briefs, while Boy Pineda and Cañal utterly to counteract the evidence for the prosecution,
stripped to the skin "because it was hot." particularly the complainant's testimony and Dr. Brion's
The three accused declared that they saw medical report and testimony. We quote with approval the
Boy Pineda hand P100.00 to Maggie and able dissertion of the trial judge on this point:
they heard him promise her that he would
pay the balance of P900.00 later. As main defense in the charge of rape, the
Whereupon, the show which lasted about three accused advance the proposition that
10 minutes began with the naked girl nothing happened in Swanky Hotel except a
walking back and forth the room about 4 to strip-tease exhibition which the complaint
5 times. This accomplished, all of them agreed to do for them for fee of P1,000.00,
dressed up once more and the three P100.00 down and the balance to be paid
accused (Jaime Jose, Eduardo Aquino and "later." The flaw in this connection lies in its
Rogelio Cañal) left the room to wait in the utter inverisimilitude. The Court cannot
car for Boy Pineda and Maggie de la Riva believe that any woman exists, even one
who were apparently still discussing the habitual engaged in this kind of
mode of payment of the balance. Three entertainment (which Maggie de la Riva has
minutes later Maggie de la Riva and Boy not been proven to be) who would consent
Pineda joined them. Now, the question of (and as easily and promptly as defense
how and where to drop Maggie came up claims) to do a performance, not even for
and it is testified to by the accused that it all money in the worlds after the rough
was Maggie's idea that they should drop her handling she experienced from these
near the ABS Studio so that it would appear wolves in men's clothing who now
as if she had just come from her work. hungered for a show. There is no fury to
match a woman stirred to indignation. A
Jaime Jose was picked by the police on the woman's pride is far stronger than her yen
morning of June 29 along Buendia Avenue. for money, and her revenge much more
Aquino testifies how, on June 29 Pineda keen. The Court cannot believe that after
went to him with a problem. He did not the rudeness and meanness of these men
have the P900.00 with which to pay Maggie to her, Maggie would in so short an interval
the balance of her "show" and he was afraid of time forget her indignation and so readily
that if he did not pay, Maggie would have consent to satisfy their immoral curiosity
her goons after him. He wanted Aquino to about her. The woman in her would urge
go with him to Lipa City where he had her to turn the men's hankering as a
relatives and where he could help raise the weapon of revenge by denying them their
money. Aquino readily obliged, and to make pleasure.
the company complete they invited Cañal to
join them. They used another car of Jaime Besides, the manner of payment offered for
Jose, different from the one they had used the performance is again something beyond
the day before. At Lipa, Aquino detached even the wildest expectations. Assuming
himself from his compassions and that the woman whom the accused had
proceeded alone to the barrio allegedly to abducted was in this kind of trade assuming
visit his relatives. In the meantime his two that the price offered was to her
companions had remained in the City and satisfaction, whom woman would be willing
had, according to Canal, gone to live in a to perform first and be paid later? It is
house very close to the municipal hall simply preposterous to believe that Maggie
building. They later moved to another de la Riva should have consent to do a
house where the PC and Quezon City police striptease act for a measly down-payment
posse found and arrested them. Aquino was of P100.00 and the balance to be paid God
the last to be apprehended, when having knows when. Since when are exposition of
6
the flesh paid on the installment basis? By All of these consideration set aside, notwithstanding, it is
the very precautious nature of their pitiful quite obvious that the version of the defense has not been
calling, women who sell their attractions are able to explain away a very vital piece of evidence of
usually very shrewed and it is to be prosecution which, if unexplained, cannot but reduce any
expected that they could defense unavailing. The result of the physical (external and
demand full payment before curtain call. internal) examination conducted on the person of Maggie de
How was Maggie to collect later when she la Riva in the afternoon of June 29, the pertinent findings of
did not even know who these man were, which quoted earlier in this decision, establish beyond doubt
where they lived, whether they could be that at the time that Maggie de la Riva was examined she
trusted with a promise to pay later (!) bore on her body traces of physical and sexual assault.
whether she could ever find them again? If
there is anything that had struck the Court The only attempt to an explanation made by
about the complaint, it is her courage, her the defense is either one of the following:
intelligence and her alertness. Only a stupid (1) the insinuation that when Maggie de la
woman, and a most stupid one that, could Riva and Boy Pineda were left behind in the
have been persuaded to do what the hotel room the bruises and the sexual
defense want this Court to believe Maggie attack could have taken place then. But
de la Riva consented to do. then, the defense itself says that these two
persons rejoined the three after three or
Finally, it is odd that not one of these men four minutes! It is physically impossible, in
should have mentioned this circumstances such a short time, for Boy Pineda to have
during their interview with anyone, either attacked the girl and inflicted on her all of
the press, their police interrogator, the these injuries; (2) it was suggested by the
person who negotiated their surrender (as defense that Maggie de la Riva could have
in the case of Aquino) or even their counsel. inflicted all of those injuries upon herself
One cannot escape the very strong just to make out a case against the accused.
suspicion that this story is a last ditch, The examining physician rules out this
desperate attempt to save the day for the preposterous proposition, verily it does not
accused. It truly underscores the take much stretch of the imagination to see
hopelessness of their stand and projects all how utterly impossible this would be, and
the more clearly their guilt. for what purpose? Was P900.00 which she
had failed to collect worth that much self-
Then there is the incident of the men's torture? And what about all the shame,
stripping themselves. Why was there need embarrassment and publicity she would (as
for this? The Court realizes that in its she eventually did) expose herself to? If she
desperate need of an explanation for really had not been raped would she have
Maggie's positive identification of Cañal as gone thru all of these tribulation?
the man with the tattoo mark on his right
buttock, the defense concocted the A woman does not easily trump
sickeningly incident story that the four men up rape charges for she has much more to
removed their underclothing in the lose in the notoriety the case will reap her,
presence of a woman simply "because it her honor and that of her family, than in the
was hot." What kind of men were these redress she demands (Canastre 82-480;
who were so devoid of any sense of Medina, C.A. 1943 O.G. 151; Medina y
decency that they thought nothing of Puno, CA O.G. 338; CA 55 O.G. 7666;
adding insult to injury by not only inducing a Galamito, L-6302, August 25, 1954); (3) it
woman a strip before them, but for forcing could also be argued that the contusions
her to perform before a naked audience? and bruises could have been inflicted on
And then they have gall to argue that Maggie during her struggle with Pineda
"nothing" happened. For males of cold and when the latter pulled and pushed her into
phlegmatic blood and disposition it could be the red convertible car. The telltale injuries,
credible, but not for men of torrid regions however, discount this possibility, for the
like ours where quick passions and hot location in which many of the bruises and
tempers are the rule rather than the traumas were located (particularly on the
exception! inner portion of her thighs) could not have
been cause by any struggle save by those of

7
 a woman trying to resists the brutal and the car, Jose and Aquino, between whom she was seated,
bestial attack on her honor. toyed with her body, the former forcing his lips on hers, and
the latter touching her thighs and raising her skirt; that
In their Memorandum the accused contend meaningful and knowing glances were in the meanwhile
that Maggie's sole and uncorroborated being exchanged among the four; and that all of them later
testimony should not be rated any credence took turns in ravishing her at the Swanky Hotel. This
at all as against the concerted declaration of testimony, whose evidentiary weight has not in the least been
the the accused. In the first place, it is not overthrown by the defense, more than suffices to establish
correct to say that Maggie's declaration was the crimes charged in the amended complaint. In the light
uncorroborated — she has for thereof, appellants' protestation that they were not
corroboration nothing less than the written motivated by lewd designs must be rejected as absolutely
extra-judicial statements of Jose and Canal. without factual basis.
But even assuming that Maggie stood alone
in her statements, the cases cited by the 2. The commission of rape by each of the appellants has, as
accused in their Memorandum held by the court below, likewise been clearly established.
notwithstanding which the Court does not Jose, Aquino and Canal contend that the absence of semen in
consider in point anyway, jurisprudence has the complainant's vagina disproves the fact of rape. The
confirmed the ruling that numbers is the contention is untenable. Dr. Brion of the NBI, who testified as
least vital element in gauging the weight of an expert, declared that semen is not usually found in the
evidence. What is more important is which vagina after three days from the last intercourse, especially if
of the declarations is the more credible, the the subject has douched herself within that period. In the
more logical, the more reasonable, the present case, the examination was conducted on the fourth
more prone to be biased or polluted. day after the incident, and the complainant had douched
(Ricarte 44 OG 2234; Damian CA-GR No. herself to avoid infection and pregnancy. Furthermore, the
25523, April 24, 1959). Besides, it should be absence of spermatozoa does not disprove the
borne in maid that in the most detestable consummation of rape, the important consideration being,
crime of rape in which a man is at his worst not the emission of semen, but penetration
the testimony of the offended party most (People vs Hernandez, 49 Phil., 980). Aquino's suggestion that
often is the only one available to prove the abrasions on the cervix were caused by the tough tip of a
directly its commission and that noozle deliberately used by the complainant to strengthen
corroboration by other eyewitnesses would her alleged fabricated tale of rape, is absurd, if not cruel. It is
in certain cases place a serious doubt as to difficult to imagine that any sane woman, who is single and
the probability of its commission, so trial earning as much Miss Dela Riva did, would inflict injuries on
courts of justice are most often placed in a her genital organ by puncturing the same with a sharply-
position of having to accept such pointed instrument in order to strike back at four strangers
uncorroborated testimony if the same is in who allegedly would not pay her the sum of P900.00 due her
regards conclusive, logical and probable for a striptease act. Besides, Dr. Brion testified that the
(Landicho, VIII ACR 530). insertion of such an instrument in the genital organ would not
result in the kind of injuries he found in the mucosa of the
We shall now consider the points raised by the appellants in cervix.
their briefs.
3. Other evidence and considerations exist which indubitably
1. Appellants Jose, Aquino and Cañal deny having had establish the commission of successive rapes by the four
anything to do with the abduction of Miss De la Riva. They appellants. Upon Miss De la Riva's arrival at her house in the
point to Pineda (who entered a plea of guilty) as the sole morning of June 26, 1967, she immediately told her mother, "
author thereof, but they generously contend that even as to Mommy Mommy, I have been raped. All four of them raped
him the act was purged at any taint of criminality by the me." This utterance, which is part of the res gestae,
complainant's subsequent consent to perform a striptease commands strong probative value, considering that it was
show for a fee, a circumstance which, it is claimed, negated made by the complainant to her mother who, in cases of this
the existence of the element of lewd design. This line of nature was the most logical person in whom a daughter
defense has evidently leg no to stand on. The evidence is would confide the truth. Aquino and Canal would make
clear and overwhelming that all the appellants participated in capital of the fact that Miss De la Riva stated to the reporters
the forcible abduction. Miss De la Riva declared on the on the morning of June 26, that she was not abused. Her
witness stand, as well as in her sworn statements, that they statement to the press is understandable. At that time the
helped one another in dragging her into the car against her complainant, who had not yet consulted her family on a
will; that she did not know them personally; that while inside matter which concerned her reputation as well as that of her

8
family, and her career, was not then in a position to reveal or that any detail in the statements was supplied by them or
publicly what had happened to her. This is one reason why by anyone other than the affiants themselves, We see no
the complainant did not immediately inform the authorities reason to depart from the trial court's well-considered
of the tragedy that befell her. Another reason is that she was conclusion that the statements were voluntarily given.
threatened with disfiguration. And there were, of course, the However, even disregarding the in-custody statements of
traumas found by Dr. Brion on different parts of the Jose and Canal, We find that the mass of evidence for the
complainant's body. Could they, too, have been self-inflicted? prosecution on record will suffice to secure the conviction of
Or, as suggested, could they possibly have been inflicted by the two.
appellant Pineda alone, when the story given by the other
three is that Pineda and the complainant were left in the The admissibility of his extrajudicial statements is likewise
hotel room for only three or four minutes, and that they being questioned by Jose on the other ground that he was
came out to join them in what they would picture to be a not assisted by counsel during the custodial interrogations.
cordial atmosphere, the complainant even allegedly He cites the decisions of the Supreme Court of the United
suggesting that she be dropped on a spot where people States in Messiah vs. U.S. (377 U.S. 201), Escobedo vs. Illinois
would reasonably presume her to have come from a studio? (378 U.S. 478) and Miranda vs. Arizona (384 U.S. 436).
Equally important is the complainant's public disclosure of
her tragedy, which led to the examination of her private parts The provision of the Constitution of the Philippines in point is
and lay her open to risks of future public ridicule and Article III (Bill of Rights), Section 1, par. 17 of which provides:
diminution of popularity and earnings as a movie actress. "In all criminal prosecutions the accused shall ... enjoy the
right to be heard by himself and counsel ..." While the said
4. Jose and Canal seek the exclusion of their extrajudicial provision is identical to that in the Constitution of the United
statements from the mass of evidence on the grounds that States, in this jurisdiction the term criminal prosecutions  was
they were secured from them by force and intimidation, and interpreted by this Court, in U.S. vs. Beecham, 23 Phil., 258
that the incriminating details therein were supplied by the (1912), in connection with a similar provision in the Philippine
police investigators. We are not convinced that the Bill of Rights (Section 5 of Act of Congress of July 1, 1902) to
statements were involuntarily given, or that the details mean proceedings before the trial court from arraignment to
recited therein were concocted by the authorities. The rendition of the judgment. Implementing the said
statements were given in the presence of several people and constitutional provision, We have provided in Section 1, Rule
subscribed and sworn to before the City Fiscal of Quezon City, 115 of the Rules of Court that "In all criminal prosecutions the
to whom neither of the aforesaid appellants intimated the defendant shall be entitled ... (b) to be present and defend in
use of inordinate methods by the police. They are replete person and by attorney at every stage of the
with details which could hardly be known to the police; and proceedings, that is, from the arraignment to the
although it is suggested that the authorities could have promulgation of the judgment." The only instances where an
secured such details from their various informers, no accused is entitled to counsel before arraignment, if he so
evidence at all was presented to establish the truth of such requests, are during the second stage of the preliminary
allegation. While in their statements Jose and Canal admitted investigation (Rule 112, Section 11) and after the arrest (Rule
having waited — together with the two other appellants — 113, Section 18). The rule in the United States need not be
for Miss De la Riva at the ABS Studio, each of them attempted unquestioningly adhered to in this jurisdiction, not only
in the same statements to exculpate himself: appellant Jose because it has no binding effect here, but also because in
stated that only Pineda and Aquino criminally abused the interpreting a provision of the Constitution the meaning
complainant; while appellant Canal would make it appear attached thereto at the time of the adoption thereof should
that the complainant willingly allowed him to have sexual be considered. And even there the said rule is not yet quite
intercourse with her. Had the statements been prepared by settled, as can be deduced from the absence of unanimity in
the authorities, they would hardly have contained matters the voting by the members of the United States Supreme
which were apparently designed to exculpate the affiants. It is Court in all the three above-cited cases.
significant, too, that the said two appellants did not see it fit
to inform any of their friends or relatives of the alleged use of 5. Appellant Pineda claims that insofar as he is concerned
force and intimidation by the police. Dr. Mariano Nario of the there was a mistrial resulting in gross miscarriage of justice.
Quezon City Police Department, who examined appellant He contends that because the charge against him and his co-
Canal after the latter made his statement, found no trace of appellants is a capital offense and the amended complaint
injury on any part of the said appellant's body in spite of the cited aggravating circumstances, which, if proved, would raise
claims that he was boxed on the stomach and that one of his the penalty to death, it was the duty of the court to insist on
arms was burned with a cigarette lighter. In the his presence during all stages of the trial. The contention is
circumstances, and considering, further, that the police untenable. While a plea of guilty is mitigating, at the same
officers who took down their statements categorically denied time it constitutes an admission of all the material facts
on the witness stand that the two appellants were tortured, alleged in the information, including the aggravating
9
circumstances, and it matters not that the offense is capital, the amended information quoted at the beginning of this
for the admission (plea of guilty) covers both the crime and its decision. There is no doubt at all that the forcible abduction
attendant circumstances qualifying and/or aggravating the of the complainant from in front of her house in Quezon City,
crime (People vs. Boyles, et al., L-15308, May 29, was a necessary if not indispensable means which enabled
1964, citing  People vs. Ama, L-14783, April 29, 1961, and them to commit the various and the successive acts of rape
People vs. Parete, L-15515, April 29, 1961). Because of the upon her person. It bears noting, however, that even while
aforesaid legal effect of Pineda's plea of guilty, it was not the first act of rape was being performed, the crime of
incumbent upon the trial court to receive his evidence, much forcible abduction had already been consummated, so that
less to require his presence in court. It would be different had each of the three succeeding (crimes of the same nature can
appellant Pineda requested the court to allow him to prove not legally be considered as still connected with the
mitigating circumstances, for then it would be the better part abduction — in other words, they should be detached from,
of discretion on the part of the trial court to grant his request. and considered independently of, that of forcible abduction
(Cf. People vs. Arconado, L-16175, February 28, 1962.) The and, therefore, the former can no longer be complexed with
case of U.S. vs. Agcaoili (31 Phil., 91), cited by Pineda, is not in the latter.
point, for there this Court ordered a new trial because it
found for a fact that the accused, who had pleaded guilty, What kind of rape was committed? Undoubtedly, it is that
"did not intend to admit that he committed the offense with which is punishable by the penalty of reclusion perpetua to
the aggravating circumstances" mentioned in the death, under paragraph 3, Article 335, as amended by
information. We are not in a position to make a similar Republic Act No. 4111 which took effect on June 20, 1964,
finding here. The transcript of the proceedings during the and which provides as follows:
arraignment shows that Pineda's counsel, Atty. Lota prefaced
his client's plea of guilty with the statement that . ART. 335. When and how rape committed.
—Rape is committed by having carnal
I have advised him (Pineda) about the knowledge of a woman under any of the
technicalities in plain simple language of the following circumstances:
contents of aggravating circumstances and
apprised him of the penalty he would get, 1. By using force or intimidation;
and we have given said accused time to
think. After a while I consulted him — for
2. When the woman is deprived of reason
three times — and his decision was still the
or otherwise unconscious; and
same.
3. When the woman is under twelve years
Three days after the arraignment, the same counsel stated in
of age, even though neither of the
court that he had always been averse to Pineda's idea of
circumstances mentioned in the two next
pleading guilty, because "I know the circumstances called for
preceding paragraphs shall be present.
the imposition of the maximum penalty considering the
aggravating circumstances," but that he acceded to his
The crime of rape shall be punished
client's wish only after the fiscal had stated that he would
by reclusion perpetua.
recommend to the court the imposition of life imprisonment
on his client. To be sure, any such recommendation does not
bind the Court. The situation here, therefore, is far different Whenever the crime of rape is committed
from that obtaining in U.S. vs. Agcaoili, supra. with the use of a deadly weapon or by two
or more persons, the penalty shall
be reclusion perpetua  to death.
6. Two of the appellants — Jose and Cañal — bewail the
enormous publicity that attended the case from the start of
investigation to the trial. In spite of the said publicity, When by reason or on the occasion of the
however, it appears that the court a quo was able to give the rape, the victim has become insane, the
appellants a fair hearing. For one thing, three of the seven (7) penalty shall be death.
original accused were acquitted. For another thing, Jose
himself admits in his brief that the Trial Judge "had not been When the rape is attempted or frustrated
influenced by adverse and unfair comments of the press, and a homicide is committed by reason or
unmindful of the rights of the accused to a presumption of on the occasion thereof, the penalty shall
innocence and to fair trial." be likewise death.

We are convinced that the herein four appellants have

conspired together to commit the crimes imputed to them in
10
 When by reason or on the occasion of the We cannot agree with the trial court. Article 70 of the Revised
rape, a homicide is committed, the penalty Penal Code can only be taken into account in connection with
shall be death. the service of the sentence imposed, not in the imposition of
the penalty (People vs. Escares, 55 Off. Gaz., 623). In holding
As regards, therefore, the complex crime of forcible that only one death penalty should be imposed because man
abduction with rape, the first of the crimes committed, the has only one life, the trial court ignored the principle
latter is definitely the more serious; hence, pursuant the enunciated in the very case it cited, namely, U.S. vs. Balaba,
provision of Art. 48 of the Revised Penal Code, the penalty 37 Phil., 260, where this Court, in affirming the judgment of
prescribed shall be imposed in its maximum period. the trial court, found the accused guilty of two murders and
Consequently, the appellants should suffer the extreme one homicide and imposed upon him two death sentences for
penalty of death. In this regard, there is hardly any necessity the murders and a prison term for the homicide. In not
to consider the attendance of aggravating circumstances, for applying the said principle, the court a quo said that the case
the same would not alter the nature of the penalty to be of Balaba is different from the present case, for while in the
imposed. former case the accused was found to have committed three
distinct offenses, here only one offense is charged, even if
Nevertheless, to put matters in their proper perspective and complex. As We have explained earlier herein, four crimes
for the purpose of determining the proper penalty to be were committed, charged and proved. There is, therefore, no
imposed in each of the other three crimes of simple rape, it substantial difference between the two cases insofar as the
behooves Us to make a definite finding in this connection to basic philosophy involved is concerned, for the fact remains
the effect that the commission of said crimes was attended that in the case of Balaba this Court did not hesitate to affirm
with the following aggravating circumstances: (a) nighttime, the two death sentences imposed on the accused by the trial
appellants having purposely sought such circumstance to court. In People vs. Peralta, et al., L-19060, October 29, 1968,
facilitate the commission of these crimes; (b) abuse of in which this Court imposed on each of the six accused three
superior strength, the crime having been committed by the death penalties for three distinct and separate crimes of
four appellants in conspiracy with one another (Cf. People vs. murder, We said that "since it is the settled rule that once
De Guzman, et al., 51 Phil., 105, 113); (c) ignominy, since the conspiracy is established, the act of one conspirator is
appellants in ordering the complainant to exhibit to them her attributable to all, then each conspirator must be held liable
complete nakedness for about ten minutes, before raping for each of the felonious acts committed as a result of the
her, brought about a circumstance which tended to make the conspiracy, regardless of the nature and severity of the
effects of the crime more humiliating; and (d) use of a motor appropriate penalties prescribed by law." In the said case
vehicle. With respect to appellants Jose, Aquino and Ca_¤_al, (which was promulgated after the decision of the court a
none of these aggravating circumstances has been offset by quo  had been handed down) We had occasion to discuss at
any mitigating circumstance. Appellant Pineda should, length the legality and practicality of imposing multiple death
however, be credited with the mitigating circumstance of penalties, thus:
voluntary plea of guilty, a factor which does not in the least
affect the nature of the proper penalties to be imposed, for The imposition of multiple death penalties
the reason that there would still be three aggravating is decried by some as a useless formality, an
circumstances remaining. As a result, appellants should exercise in futility. It is contended,
likewise be made to suffer the extreme penalty of death in undeniably enough, that a death convict,
each of these three simple crimes of rape. (Art. 63, par. 2, like all mortals, has only one life to forfeit.
Revised Penal Code.) And because of this physiological and
biological attribute of man, it is reasoned
In refusing to impose as many death penalties as there are that the imposition of multiple death
offenses committed, the trial court applied by analogy Article penalties is impractical and futile because
70 of the Revised Penal Code, which provides that "the after the service of one capital penalty, the
maximum duration of all the penalties therein imposed upon execution of the rest of the death penalties
the appellant shall not be more than threefold the length of will naturally be rendered impossible. The
time corresponding to the most severe of the penalties foregoing opposition to the multiple
imposed upon the appellant, which should not exceed forty imposition of death penalties suffers from
years." The said court is of the opinion that since a man has four basic flaws: (1) it fails to consider the
only one life to pay for a wrong, the ends of justice would be legality of imposing multiple capital
served, and society and the victim would be vindicated just as penalties; (2) it fails to distinguish between
well, if only one death penalty were imposed on each of the imposition of penalty and service of
appellants. sentence; (3) it ignores the fact that
multiple death sentences could be served
simultaneously; and (4) it overlooks the

11
practical merits of imposing multiple death utter delinquency of such a convict, the
penalties. proper penitentiary authorities would
exercise judicious restraint in
The imposition of a penalty and the service recommending clemency or leniency in his
of a sentence are two distinct, though behalf.
related, concepts. The imposition of the
proper penalty or penalties is determined Granting, however, that the Chief Executive,
by the nature, gravity and number of in the exercise of his constitutional power
offenses charged and proved, whereas to pardon (one of the presidential
service of sentence is determined by the prerogatives which is almost absolute)
severity and character of the penalty or deems it proper to commute the multiple
penalties imposed. In the imposition of the death penalties to multiple life
proper penalty or penalties, the court does imprisonments, then the practical effect is
not concern itself with the possibility or that the convict has to serve the maximum
practicality of the service of the sentence, forty (40) years of multiple life sentences. If
since actual service is a contingency subject only one death penalty is imposed, and
to varied factors like the successful escape then is commuted to life imprisonment, the
of the convict, grant of executive clemency convict will have to serve a maximum of
or natural death of the prisoner. All that go only thirty years corresponding to a single
into the imposition of the proper penalty or life sentence.
penalties, to reiterate, are the nature,
gravity and number of the offenses charged We are, therefore, of the opinion that in view of the existence
and proved and the corresponding penalties of conspiracy among them and of our finding as regards the
prescribed by law. nature and number of the crimes committed, as well as of the
presence of aggravating circumstances, four death penalties
Multiple death penalties are not impossible should be imposed in the premises.
to serve because they will have to be
executed simultaneously. A cursory reading ————
of article 70 will show that there are only
two moves of serving two or more Before Us is a petition for intervention filed by Filipinas
(multiple) penalties: simultaneously Investment & Finance Corporation asking for reversal of that
or successively. The first rule is that two or portion of the judgment of the court below ordering the
more penalties shall be served confiscation of the car used by the appellants in abducting
simultaneously if the nature of the penalties the complainant. The aforesaid car is a 1965 two-door Pontiac
will so permit. In the case of multiple capital sedan with Motor No. WT-222410, Serial No.
penalties, the nature of said penal sanctions 2376752110777, Plate No. H-33284, File No. 11584171,
does not only permit but actually alleged by the intervenor to be in the custody of Major
necessitates simultaneous service. Ernesto San Diego of the Quezon City Police Department. The
car is registered in the name of Mrs. Dolores Gomez.
The imposition of multiple death penalties,
far from being a useless formality, has On April 4, 1967, Mrs. Dolores Gomez, mother of an appellant
practical importance. The sentencing of an Jaime G. Jose, bought the car from the Malayan Motors
accused to several capital penalties is an Corporation and simultaneously executed a chattel mortgage
indelible badge of his extreme criminal thereon to secure payment of the purchase price of P13,200,
perversity, which may not be accurately which was stipulated to be payable in 24 monthly
projected by the imposition of only one installments of P550 beginning May 4, 1967 up to April 4,
death sentence irrespective of the number 1969. The mortgage was duly registered with the Land
of capital felonies for which he is liable. Transportation Commission and inscribed in the Chattel
Showing thus the reprehensible character Mortgage Registry. The mortgage lien was annotated on the
of the convict in its real dimensions, the motor registration certificate. On April 17, 1967, for value
possibility of a grant of executive clemency received and with notice to Mrs. Gomez, the Malayan Motors
is justifiably reduced in no small measure. Corporation assigned its credit against Mrs. Gomez, as well as
Hence, the imposition of multiple death the chattel mortgage, to the intervenor. The assignment was
penalties could effectively serve as duly registered with the Land Transportation Commission and
deterrent to an improvident grant of annotated on the registration certificate.
pardon or commutation. Faced with the
12
Mrs. Gomez failed to pay any of the installments due, in view furnished the car used by the appellants in the commission of
of which the intervenor filed on July 5, 1967, an action for the crime; that the chattel mortgage on the car and its
replevin against her (Civil Case No. 69993, Court of First assignment in the favor of the intervenor were made several
Instance of Manila) as a preliminary step to foreclosure of the months before the date of commission of the crimes charged,
chattel mortgage. On July 7, 1967, the court issued an order which circumstance forecloses the possibility of collusion to
for the seizure of the car. The sheriff, however, could not prevent the State from confiscating the car; that the final
enforce the writ of replevin because the car was not in Mrs. judgement in the replevin case can only be executed by
Gomez' possession, the same having been used by her son, delivering the possession of the car to the intervenor for
appellant Jaime G. Jose, together with the other appellants in foreclosure of the chattel mortgage; and the Article 45 of the
this case, in the abduction of Miss De la Riva, as a result of Revised Penal Code bars the confiscation and forfeiture of an
which the car was seized by the Quezon City police and instrument or tool used in the commission of the crime if
placed in the custody of Major San Diego, who refused to such "be the property of a third person not liable for the
surrender it to the sheriff on the ground that it would be used offense," it is the sense of this Court that the order of the
as evidence in the trial of the criminal case. court below for confiscation of the car in question should be
set aside and that the said car should be ordered delivered to
During the pendency of that criminal case in the court below, the intervenor for foreclosure as decreed in the judgment of
or on July 26, 1967, the intervenor filed with the said court a the Court of First Instance of Manila in the replevin case, Civil
petition for intervention. The said petition was not, however, Case No. 69993.
acted upon. On October 2, 1967, the trial court rendered its
judgment in the present case ordering the car's confiscation ————
as an instrument of the crime. Although not notified of the
said decision, the intervenor filed, on October 17, 1967, a Before the actual promulgation of this decision, this Court
motion for reconsideration of the order of confiscation; but received a formal manifestation on the part of the Solicitor
the same was denied on October 31, 1967, on the ground General to the effect that Rogelio Cañal, one of the herein
that the trial court had lost jurisdiction over the case in view appellants, died in prison on December 28, 1970. As a result
of the automatic elevation thereof to this Court. The of this development, this case is hereby dismissed as to him
intervenor then filed a petition for relief from judgement, but alone, and only insofar as his criminal liability is concerned,
the same was also denied. with one-fourth (1/4) of the costs declared de oficio.

On February 5, 1968, judgement was rendered in the replevin WHEREFORE, the judgment under review is hereby modified
case ordering Mrs. Gomez to deliver the car to the intervenor as follows: appellants Jaime G. Jose, Basilio Pineda, Jr., and
so that the chattel mortgage thereon could be foreclosed, or, Edgardo P. Aquino are pronounced guilty of the complex
in the alternative, to pay the intervenor the sum of P13,200 crime of forcible abduction with rape, and each and every
with interest thereon at 12% per annum from July 5, 1968, one of them is likewise convicted of three (3) other crimes of
the premium bond, attorney's fees, and the costs of suit. The rape. As a consequence thereof, each of them is hereby
judgment became final and executory. Attempts to execute sentenced to four (4) death penalties; all of them shall, jointly
the judgment against the properties of Mrs. Gomez were and severally, indemnify the complainant of the sum of
unavailing; the writ of execution was returned by the sheriff P10,000.00 in each of the four crimes, or a total of 40,000.00;
unsatisfied. On July 26, 1968, the present petition for and each shall pay one-fourth (1/4) of the costs.
intervention was filed with this Court, which allowed the
intervenor to file a brief. In his brief the Solicitor General Insofar as the car used in the commission of the crime is
contends, among others, that the court a quo having found concerned, the order of the court a quo for its confiscation is
that appellant Jose is the owner of the car, the order of hereby set aside; and whoever is in custody thereof is hereby
confiscation is correct. ordered to deliver its possession to intervenor Filipinas
Investment & Finance Corporation in accordance with the
Considering that the car in question is registered in the name judgment of the Court of First Instance of Manila in Civil Case
of Mrs. Dolores Gomez, who, in the absence of strong No. 69993 thereof.
evidence to the contrary, must be considered as the lawful
owner thereof; that the only basis of the court a quo  in
concluding that the said car belongs to appellant Jose were
the latter's statements during the trial of the criminal case to
that effect; that the said statement were not, however,
intended to be, nor could constitute, a claim of ownership
over the car adverse to his mother, but were made simply in
answer to questions propounded in court for the sole
purpose of establishing the identity of the defendant who
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