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PEOPLE. Vs. Gerardo Almenario

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. GERARDO ALMENARIO, PEMPIN BAHIA, REYNALDO CAYOBIT & HILADO MAAT, accused. GERARDO ALMENARIO, accused-appellant.

G.R. No. 66420 | 1989-04-17

D E C I S I O N


GANCAYCO, J.:

Robbery in band with rape is a heinous crime more so when in the course of the robbery, as in this case, four men took turns in raping a married woman in the presence of her husband. They certainly deserve the four death penalties imposed on them by the Regional Trial Court of Palo, Leyte, with the corresponding instruction that they indemnify the spouses Candido Caindoy and Marciana Cabos Caindoy in the amount of P3,088.00 actual damages and to Marciana P5,000.00 moral damages without subsidiary imprisonment and the costs. However, none of said death penalties can be imposed under the Constitution. 1

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