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  • Whether or Not The Accused Should Be Held Liable As A Co-Principal For The Crime of Rape

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    The Supreme Court held that the accused, Dina Dulay y Pascual, did not participate in the criminal resolution of rape but merely delivered AAA to "Speed". While Pascual is not guilty of rape, she is liable for violating Section 5(a) of R.A. 7610 by acting as a procurer of a child prostitute. The court sentenced Pascual to 14 years and 8 months to 20 years in prison and ordered her to pay AAA 50,000 pesos in civil indemnity.

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    PEOPLE VS DULAY

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    The Supreme Court held that the accused, Dina Dulay y Pascual, did not participate in the criminal resolution of rape but merely delivered AAA to "Speed". While Pascual is not guilty of rape, she is liable for violating Section 5(a) of R.A. 7610 by acting as a procurer of a child prostitute. The court sentenced Pascual to 14 years and 8 months to 20 years in prison and ordered her to pay AAA 50,000 pesos in civil indemnity.

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    162 views2 pages

    Whether or Not The Accused Should Be Held Liable As A Co-Principal For The Crime of Rape

    Uploaded by

    vincent nifas
    The Supreme Court held that the accused, Dina Dulay y Pascual, did not participate in the criminal resolution of rape but merely delivered AAA to "Speed". While Pascual is not guilty of rape, she is liable for violating Section 5(a) of R.A. 7610 by acting as a procurer of a child prostitute. The court sentenced Pascual to 14 years and 8 months to 20 years in prison and ordered her to pay AAA 50,000 pesos in civil indemnity.

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    Criminal Law Review

    PEOPLE OF THE PHILIPPINES, Appellee GR No.193854


    Vs .DINA DULAY y PASCUAL, Appellant. Date: September 24, 2012
    Ponente: PERALTA, J.:
    DOCTRINE: in order to be considered as a principal by indispensable cooperation, one must
    participate in the criminal resolution, a conspiracy or unity in criminal purpose and cooperation
    in the commission of the offense by performing another act without which it would not have been
    accomplished. The Supreme Court held that the accused did not participate in the
    criminal resolution of the crime of Rape but merely delivered AAA to “Speed”
    FACTS
    On 3 July 2005, AAA was introduced to the accused during the wake of a relative of AAA.
    Thereafter, the accused convinced AAA to accompany her at a wake at GI San Dionisio,
    Paranaque City. However, before they went to the wake, they went to look for the boyfriend of the
    accused. They went to Bulungan Fish Port were they found the boyfriend of the accused. They
    proceeded to the kubuhan, located at the back of the Bulungan Fish Port. Upon arrival, the
    accused suddenly pulled AAA inside a room where a man known only as “Speed” was waiting.
    AAA saw “Speed” give the accused some money, then the latter left. “Speed” wielded a knife and
    tied AAA’s hands to the papag and raped her. AAA asked for appellant’s help when she saw the
    latter peeping into the room while she was being raped, but appellant did not do so. After the rape,
    “Speed” and appellant told AAA not to tell anyone what had happened or else they would get back
    at her. AAA, accompanied by her sister and mother filed a complaint for Rape. The RTC rendered
    a decision finding the accused guilty as a co-principal by indispensable cooperation for the crime
    of Rape.
    ISSUE/S
    Whether or not the accused should be held liable as a co-principal for the crime of Rape 
    RATIO
    No, in order to be considered as a principal by indispensable cooperation, one must participate
    in the criminal resolution, a conspiracy or unity in criminal purpose and cooperation in the
    commission of the offense by performing another act without which it would not have been
    accomplished. The Supreme Court held that the accused did not participate in the
    criminal resolution of the crime of Rape but merely delivered AAA to “Speed”

    However, the accused is still liable for violation of Section 5 (a), Article III of R.A. 7610 or a) Those
    who engage in or promote, facilitate or induce child prostitution which include, but are not limited
    to, the following: (1) Acting as a procurer of a child prostitute.
    RULING
    WHEREFORE, the appeal of appellant Dina Dulay y Pascual is hereby DISMISSED. However, the
    Decision of the CA is hereby MODIFIED as appellant is not guilty beyond reasonable doubt of the
    crime of rape, but of violating Section 5 (a), Article III R.A. 7610, amended, for which she is
    sentenced to fourteen (14) years and eight (8) months of reclusion temporal, as minimum, to
    twenty (20) years of reclusion temporal, as maximum. Appellant is also ORDERED to pay AAA
    the amount of ₱ 50,000.00 as civil indemnity.
    SO ORDERED.
    NIFAS

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