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People vs. Tigulo, et al

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. MARIANO TIGULO and PACIFICO VELASQUEZ, defendants-appellants.

G.R. No. L-34334 | 1979-11-07

D E C I S I O N

FERNANDO, C.J p:

This appeal from a conviction of rape presents the rather novel feature that while appellants Mariano Tigulo and Pacifico Velasquez were named in the information, the decision made clear that the force employed came solely from the former, complainant Erlinda Ubaldo thus being compelled to submit to his carnal desire. The participation of appellant Velasquez was limited to removing her panties and holding her feet while the sexual act was being performed. Nonetheless, as found by the trial Judge, the extent of his cooperation was such that without his aid, the crime could not have been committed. The...