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[3/3] People vs. Garcia

[3/3] THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. VICTOR GARCIA y DALIT, defendant-appellant.

- | 1979-04-27

Part III


Before article 335 was amended, it was held that rape with homicide was committed in a case where the accused, who was suffering from gonorrhea, had sexual congress (through intimidation) with a fourteen-year-old girl who died because of the venereal infection. Article 48 of the Revised Penal Code was applied (People vs. Acosta, 60 Phil. 158).

In People vs. Matela, 58 Phil. 718, the accused raped his sixteen-year-old niece-in-law and then killed her by strangulation. He was convicted of the separate offenses of rape and homicide since it was not decisively shown that the two crimes were complex.

In People vs. Lopez, 107 Phil....