This case has been cited 2 times or more.
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2015-09-02 |
PEREZ, J. |
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| Conspiracy exists when the acts of the accused demonstrate a common design towards the accomplishment of the same unlawful purpose.[17] In this case, the acts of Roberto, Don Juan and Bombasi clearly demonstrated unity of action to have carnal knowledge of AAA: (1) Both Roberto and Bombasi tied AAA's hands at her back, while a handkerchief was already tied in her mouth; (2) Both men turned AAA around, touched her body and started to take her clothes off; (3) Roberto succeeded in undressing AAA, went on top of her and placed his penis inside her vagina; (4) After satisfying his lust, Roberto got off from AAA and Bombasi took his turn and inserted his penis inside AAA's vagina; (5) After Bombasi, Don Juan went on top of AAA, kissed her shoulders and lips and also inserted his penis inside AAA's vagina; (6) When they were satiated in their sexual desires, the three accused untied the rope binding AAA and threatened to cut off her tongue and kill her family in case she would tell them what happened. Unmistakably, these acts demonstrated a concerted effort to rape AAA. | |||||
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2012-03-21 |
BRION, J. |
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| We agree with the CA that the appellant and Kino conspired in sexually assaulting AAA. "Conspiracy exists when the acts of the accused demonstrate a common design towards the accomplishment of the same unlawful purpose."[8] In the present case, the acts of Kino and of the appellant clearly indicate a unity of action: (1) Kino and the appellant entered the victim's house at around 9:00 p.m.; (2) Kino and the appellant ordered the victim to lie down, and threatened to kill her if she refused to do so; (3) Kino undressed AAA, while the appellant tied her hands; (4) the appellant held AAA's feet, while Kino inserted his penis into the victim's private parts; and (5) the appellant raped AAA afterwards. | |||||