People vs Sunpongco 163 SCRA 222 Case Digest

46

People vs Sunpongco

163 SCRA 222

Facts:

Juanita Angeles was with one Benita Fabian and they rode a passenger jeep driven by Virgilio Gan. As they reached the south approach of Tabang Bridge, Guiguinto Bulacan, a car overtook them and stopped right in front of their jeep, thus forcing them to stop. The car was being driven by accused Arsenio Calayag, and the passengers were the accused Silvestre Sunpongco, Herminigildo Sunpongco and Benjamin Gabriel.

In Hilltop Hotel in Tagaytay City, Silvestre Sunpongco pushed Juanita Angeles and she fell on a chair. Then he embraced and kissed her, and continued taking liberties, as she cried and fought back. Afterwards he removed his pants, pushed her and forced her to lie down on the bed. Although she kicked and rolled on the bed, Silvestre was able to overcome her when he hit her on the stomach, as a result of which she lost consciousness. It was then that Silvestre Sunpongco succeeded in having his first sexual intercourse with her.

Issue:

            Whether or not the accused are guilty of the complex crime of forcible abduction with rape

Held:

            Yes.

Ratio:

            The presence of the lewd design is manifested by the subsequent rape that occurred.

At this point, it is noteworthy to mention that the crime of rape is difficult both to prove and to disprove considering the very nature of the offense involving as it does in most cases only two persons. Consequently, the final resolution of the trial court would hinge on whose version is more credible, more plausible and more trustworthy considering the circumstances surrounding its commission.

Submitted by: G-one T. Paisones

Submitted to: Atty. Cisco Franz S. Maclang