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People of the Phil vs Francisco Villagonzalo

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. FRANCISCO VILLAGONZALO, defendant-appellant.

G.R. No. L-35793 | 1979-08-21

D E C I S I O N

FERNANDO, C.J. p:

Since 1964, by virtue of an amendment of Article 335 of the Revised Penal Code, the imposable penalty whenever "the crime of rape is committed with the use of deadly weapon or by two or more persons, is reclusion perpetua to death." 1 Appellant in this case, Francisco Villagonzalo, charged with perpetrating the crime of rape on the offended party on October 26, 1967, mention being made in the information that he was "armed with a hunting knife," was sentenced to death, the lower court likewise taking into consideration the aggravating circumstance of the crime having been committed in the dwelling place...