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PEOPLE vs Roger Gulpe and Ricardo Vigas

PEOPLE OF THE PHILIPPINES, Appellee, versus ROGER GULPE and RICARDO VIGAS, Appeellants.

G.R. No. 126280 | 2004-03-30

D E C I S I O N

AZCUNA, J.:

Appellants Roger Gulpe (Gulpe) and Ricardo Vigas (Vigas) were convicted of the crime of Rape with Homicide by the Regional Trial Court of Iriga City (RTC).[1] Appellants do not assail their conviction, but have filed the present petition to reverse the portion of the Court of Appeals' ruling which increased the penalty imposed upon them.

Based on eyewitness accounts,[2] in the afternoon of June 30, 1990, in Sitio Iraya, San Pedro, Iriga City, at about 4:00 o'clock, Gulpe was seen having sexual intercourse with the seven-year-old victim Lenly Ranola (Lenly). While this was happening, Vigas was holding down...