People vs Cupino Gr no. 125688; April 3, 2000 TOPIC: Conspiracy FACTS During the celebration of the town fiesta of Patag, Cagayan de Oro city, accused Ramon Falos and Gromyko Valiente were having a heated argument in front of a store. Then, Ignacio Cupino and Vincent Dejoras arrived and a fist fight occurred. Cupino dejoras and Galos ganged up on Valiente. Beaten and outnumbered, Valiente ran aways towards the direction of a small pathway while t three chased after him. Galos eventually caught up with Valiente and then stabbed him twice in the stomach with a small bolo. With the bolo still embedded in Valiente’s stomach, Cupino caught up with him pulled the bolo from his body and was about to stab him again when Dejoras tried to grab Cupino’s hands, but instead Dejoras got hold of the bade of the bolo and was injured in the process. Dejoras left with his right hand wounded. Meanwhile, Cupino proceeded to stab Valiente twice in the stomach which resulted to Valiente’s death. ISSUE Whether or not Dejoras is guilty of conspiracy with Cupino and Galos for the crime of murder for the death of Valiente. HELD NO. For conspiracy to be established the participation of one’s action should show unity of purpose and unity in execution of the unlawful objective. In the case at bar, Dejoras had joined the other accused in approaching Valiente, not with the intent to kill but to try to prevent them from stabbing the victim as shown by his action of intercepting Cupino from stabbing Valiente. Thus Dejoras should be acquitted.
People v Bohos GR no. L-40995; June 25, 1980 Topic: Complex Crime Proper FACTS Myrna dela Vega, 16 years old left her residential home at Kapabagan, Lanao del Norte in the afternoon to see a movie. Eventually it was already in the evening when myrna left the movie house to go home. Myrna walked in the highway is the same route she usually takes in going home. By that time, the highway was already deserted and the people were already asleep. Suddenly she noticed four men \ approaching her. She tried to run away but she was immediately overtaken by the four en. A cargo truck bound for Iligan City was stopped and she was dragged along with it. The four men rode with her at the rear of the truck. As two men held her arms, a handkerchief was then place inside her mouth. Her panty was removed and right there on the truck, one of men abused her sexually. The truck stopped at a house were se was taken and raped again twelve times as te four me took turns in raping her three times each. After that night, Myrna’s hands and feet wre tied. The following morning however, the four men untied Myrna and each one again took turns in raping her. All in all Myrna was raped 17 times. Accused Felix Pakis Teotimo Babanto, Eulalio Bohos and Agustin Nodado were found guilty of 13 counts of complex crime of Forcible abduction with rape. ISSUE Whether or not the trial court was correct in ruling that the accused were guilty of 13 counts of complex crime of forcible abduction with rape. HELD NO. There was only one forcible abduction, with rape and that was the one allegedly committed on the truck or jeep. Any subsequent acts of intercourse in the house against her will would be only separate acts of rape and can no longer be considered separate complex crimes of forcible abduction with rape. In other words, the crimes of rape should be detached from, and considered independently of, that of forcible abduction with rape and, therefore, the former can no longer be complexed with the latter.The crimes thus proved to have been committed are forcible abduction with rape and sixteen (16) separate rapes attended by the aggravating circumstances of superiority and use of a motor vehicle without any mitigating circumstance. Thus, the judgment appealed from is modified in that Eulalio Bohos is sentenced to suffer not thirteen (13) but seventeen (17) death penalties
