MADSALI, et al vs. PEOPLE G.R. NO. 179570, FEBRUARY 4, 010
Fa!ts" In Criminal Case No. 12281, Sajiron Lajim (Sajiron) and Maron Lajim (Maron)
were charged with the crime of ad!ction with ra"e in an Information dated March 1#, 1$$%, which reads&
'hat on or ao!t ao!t the 1 st da of !l, 1$$*, in +aranga Malit!, M!nici"alit of +ataraa, -roince of -alawan, -hili""ines, and within the j!risdiction of this /onorale Co!rt, the aoe0named acc!sed cons"iring, confederating together and hel"ing one another and means of force, threat, threat, iolence and intimidation, while armed armed with a laded wea"on nown as Badong3, Badong 3, did then and there willf!ll, !nlawf!ll and felonio!sl tae and carr awa one 444, a girl of 15 ears of age, against her will and consent and ro!gh ro!ghtt to the forest and on the occasion thereof the said acc!sed means of force, threat, iolence and intimidation, and while armed with a nife, acc!sed Sahiron Lajim, with lewd design, did then and there willf!ll, !nlawf!ll !nlawf!ll and felonio!sl hae carnal nowledge with said 444, against against her will will and and consen consent, t, to her damag damage e and "rej!d "rej!dice. ice. 'hat on the the occasion of the said 6a"e, acc!sed Maron Lajim hel"ed Sahiron Lajim acting as loo0o!t d!ring the commission of the said crime.
In Criminal Case No. 127$, 9ga" Madsali (9ga") and Sajiron Lajim (Sajiron) were charged with the crime of serio!s illegal detention in an 4mended Information 1:%; dated 4!g!st 28, 1$$%, which reads&
'hat on or ao!t ao!t the 2 nd da of !l, 1$$* in the morning !" to
1
will and as a res!lt of that illegal detention, said 444 was not ale to go home to her mother for a "eriod of more than =e (%) months.
Iss#e" >hether or not the a""ellants were g!ilt for the commission of crime of
ad!ction with ra"e?
RULING" >/969@A69, the a""eal is <9NI9<. 'he
in C40B.6. C60/C No. *#% is 4@@I6M9< with MA
(a) In Criminal Case No. 12281, acc!sed Sajiron Lajim and Maron Lajim are fo!nd g!ilt eond reasonale do!t of the s"ecial com"le crime of idna""ing and serio!s illegal detention with ra"e !nder 4rticle 25# of the 6eised -enal Code, as amended 6e"!lic 4ct No. #5%$, and are sentenced to s!Der the "enalt of reclusion perpetua, witho!t eligiilit for "arole, and to "a jointl and seerall, the oDended "art 444, the amo!nts of -#%,. as ciil indemnit and -#%,. as moral damages. 4cc!sed Sajiron Lajim is f!rther ordered to s!""ort the oDs"ring orn as a conseE!ence of the ra"e. 'he amo!nt of s!""ort shall e determined the trial co!rt after d!e notice and hearing, with s!""ort in arrears to e reconed from the date the a""ealed decision was "rom!lgated the trial co!rtF and
() In Criminal Case No. 127$, acc!sed Sajiron Lajim is fo!nd g!ilt eond reasonale do!t of the crime of idna""ing and serio!s illegal detention !nder 4rticle 25# of the 6eised -enal Code, as amended 6e"!lic 4ct No. #5%$, and is sentenced to s!Der the "enalt of reclusion perpetua and to "a the amo!nts of -%,. as ciil indemnit and -%,. as moral damages.
