THE PEOPLE OF THE PHILIPPINES vs. VICENTE C. VILLAMALA and GAUDIOSA MALUNJAO VILLAMALA
G.R. No. L-41312 July 29, 1977
Facts:
On the evening of November 5, 1974, complainant Eustaquia Bentulan was with her three children in their house in Barrio Nangka, Consolacion, Cebu, her husband being away as he was a fisherman. About ten that night, she heard appellant Gaudiosa Villamala calling her by her nickname King, whereupon she stood up and opened the door to enable her visitor to enter. When the latter did, at the same time asking where her husband was, she was informed that he was away. While the two seated side by side were conversing, the complainant heard Gaudiosa whistle, and immediately thereafter, her husband, appellant Vicente Villamala entered the house. No sooner was he inside when Gaudiosa, who was at Eustaquia's left side, placed her left arm around her neck and pinned the latter to the floor, the left leg of appellant being thrust between Eustaquia's knees. In that situation with Gaudiosa choking her neck, she was unable to extricate herself, being held fast by the bigger and taller Gaudiosa. Vicente, in turn, took advantage of the situation and through force removed the complainant's black skirt and panties. Such torn garments appellant Vicente Villamala threw aside, removed his short pants, and placed himself on top of Eustaquia. Thus, he was able to consummate the sexual act with Gaudiosa continuing to hold and pin to the floor the victim's neck and left leg. While Eustaquia was thus being sexually assaulted, both appellants told her in a low voice not to worry because she would be financially assisted, the needs of her children being attended to, and perfumes and dresses supplied to her. The two appellants continued to appease the victim telling the latter not to worry; they then left the victim who was in tears the whole evening. When her husband, Vicente Bentulan arrived at 5:00 o'clock in the morning of November 6, 1974, she immediately reported her being ravished by the appellants. The following day, the Bentulan spouses went to the Philippine Constabulary Headquarters at Gorordo Avenue, Cebu City and lodged their complaint for rape.
Issue:
Whether or not there was a direct participation done by Gaudiosa Villamala
Held:
To convict the appellant as a principal by direct participation in the, it is necessary that conspiracy among him and his co-accused be proved. There is a conspiracy when two or more individuals come to an agreement and decide to commit a felony. In this case, Gaudiosa and Vicente conspired to rape Eustaquia. Gaudiosa’s act of whistling indicated a go signal to her husband to execute the act.
Other Cebu Cases: The Chiong Sisters Murder Case - People vs. Larrañaga