Dang was a beauty queen in a university. Job, a rich classmate, was so enamored with her that he persistently wooed and pursued her. Dang, being in love with another man, rejected him.
This angered Job. Sometime in September 2003, while Dang and her sister Lyn were on their way home, Job and his minor friend Nonoy grabbed them and pushed them inside a white van. They brought them in an abandoned warehouse where they forced them to dance naked. Thereafter, they brought them to a hill in a nearby barangay where they took turns raping them. After satisfying their lust, Job ordered Nonoy to push Dang down a ravine, resulting in her death.
Lyn ran away but Job and Nonoy chased her and pushed her inside the van. Then the duo drove away. Lyn was never seen again.
1. What crime or crimes were committed by Job and Nonoy? 2.5%
2. What penalties should be imposed on them? 2.5%
3. Will Nonoy’s minority exculpate him? 2.5%
4. Is the non-recovery of Lyn’s body material to the criminal liability of Job and Nonoy? 2.5%
1 comment:
XIII.
1.
Job and Nonoy committed a forcible abduction complexed with rape with homicide. Complex crime resulted because the forcible abduction, being already consummated, was a necessary means to commit the composite crime of rape with homicide.
2.
The penalty that should be imposed on them is death but, since the death penalty is suspended, the penalty shall be lowered to reclusion perpetua.
3.
If Nonoy is fifteen years old or under, he is exempt from criminal liability. Otherwise, his minority will not exculpate him as the facts show that he is acting with discernment.
4.
The non-recovery of Lyn’s body is not material to the criminal liability of Job and Nonoy. Their criminal liability can be proved by other evidence.
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