People v. Nunag Summary Cases: •
People of the Philippines Phili ppines vs. Mario Mar io Nunag, Arnel Andap, Efren Salansang etc
People v. Nunag Subject: Degree of culpability; aggravating circumstances Facts: Accusedappellan Accusedappellants ts Nunag, Mandap, Mandap, Salangsang, Salangsang, !arpio, and Manalili Manalili "ere charged before before the !#$ of Pampanga "ith the crime of %ape. All contrary to la", and "ith the aggravating circumstances that the said offense "as committed at night time. &he complainant, 'oren(a 'ope(, then about fifteen years old, declared that in May )*+, she "as "atching a television program in the house of her neighbor "hen she sa" the accused Mario Nunag coming to"ards her. Nunag as-ed her to go "ith him. ut she refused, so that Nunag held her by the hand and po-ed a -nife at her stomach and threatened to -ill her. &hereafter, they "ere /oined by the other accused "ho held her feet, and forced her on the ground. She struggled to free herself, but the accused held her tightly. &he five accused "arned her not to report the incident to anybody, other"ise, they "ould -ill her, her parents and brothers. After the incident, the complainant missed her menstruation "hen it became due and noticed that her stomach "as getting bigger. Nevertheless, she did not tell anybody. She then gave birth prematurely to female t"ins "ho both died after a fe" hours. 0pon 0pon investig investigatio ation, n, the appella appellant nt Mario Mario Nunag Nunag and three other other accused accused admitted admitted having se1ual se1ual intercourse intercourse "ith the complainant on three separate instances. instances. 2o"ever, 2o"ever, they denied the charge of rape. &hey also alleged alleged that that it "as the complain complainant ant "ho came to them as-ing as-ing for money. &he accused accusedapp appella ellants, nts, Madnap and !arpio, on the other hand, denied having se1ual intercourse "ith the complainant at any time. Held: ). &he Solicito Solicitorr 3eneral 3eneral recommends recommends that that each accused accused be found guilty guilty of five distinc distinctt crimes of rape, because each accused is responsible, not only for the act of rape committed individually by him, but also for the act of rape committed by the others, all accused having conspired together. 4. 2o"ever, that that there is no conclusive conclusive evidence that that the accusedappe accusedappellants llants !arpio !arpio and Salangsang Salangsang had had se1ual intercourse "ith the complainant, since the complainant said that she lost consciousness after the second man had se1ually abused her. 5. Accused Accusedapp appella ellants nts Mario Nunag, Nunag, Arnel Mandap Mandap and Efren Salangs Salangsang ang are each sentenced sentenced to suffer suffer three penalties of reclusion perpetua. 6. Accused Accusedapp appella ellants nts Diosdado Diosdado Manalili Manalili and Danilo !arpio, !arpio, both being above above si1teen years years and belo" belo" eighteen years at the time of the commission of the offenses, are each sentenced to suffer three 758 indeterminate penalties of ten 7)98 years of prision mayor , as minimum, and seventeen 7)+8 years and four 768 months of reclusion temporal , as ma1imum.
