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  • People Vs BUMIDANG

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    Elisa Subayno Roa
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    A 80-year-old man and his unmarried daughter were asleep in their home when Bumidang forced his way inside using a spear, threatened them, and raped the daughter. Medical examination found injuries consistent with recent sexual assault. The trial court found Bumidang guilty and sentenced him to death, citing the aggravating circumstances of dwelling, nighttime, and ignominy. The Supreme Court affirmed the aggravating circumstances of dwelling and ignominy, but not nighttime, as it was not proven that darkness facilitated the crime.

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    Case digest

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    People vs BUMIDANG

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    A 80-year-old man and his unmarried daughter were asleep in their home when Bumidang forced his way inside using a spear, threatened them, and raped the daughter. Medical examination found injuries consistent with recent sexual assault. The trial court found Bumidang guilty and sentenced him to death, citing the aggravating circumstances of dwelling, nighttime, and ignominy. The Supreme Court affirmed the aggravating circumstances of dwelling and ignominy, but not nighttime, as it was not proven that darkness facilitated the crime.

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    © All Rights Reserved
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    50 views1 page

    People Vs BUMIDANG

    Uploaded by

    Elisa Subayno Roa
    A 80-year-old man and his unmarried daughter were asleep in their home when Bumidang forced his way inside using a spear, threatened them, and raped the daughter. Medical examination found injuries consistent with recent sexual assault. The trial court found Bumidang guilty and sentenced him to death, citing the aggravating circumstances of dwelling, nighttime, and ignominy. The Supreme Court affirmed the aggravating circumstances of dwelling and ignominy, but not nighttime, as it was not proven that darkness facilitated the crime.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    of 1

    People vs.

    Bumidang
    G.R. No. 130630. December 4, 2000.
    FACTS:
    On September 29, 1996, at around 2:00 a.m. while, Melencio, 80 y.o and his unmarried
    daughter Gloria Imbat, were already asleep in their house, the accused Baliwang Bumidang
    shouted outside, by means of force, violence, threat and intimidation and with the use of spear,
    the old man forced to open the door for the accused, he entered the house, did then and there
    wilfully, unlawfully and feloniously have carnal knowledge of Gloria Imbat against her will, to
    the damage and prejudice of the victim . He used the flashlight and examined the genitals of
    Gloria before he ravished her. The father was too afraid and weak that even as he knew the
    accused was on top of her daughter, doing lustful act, he could not move. He did not see the
    accused consummated his beastly desire because he was too ashamed to look at what he was
    doing to her daughter. Before the accused left, he made the following threat: “If you will report
    to the authorities, I will come back and kill all of you.” Gloria then put on her dress. She was
    trembling. So, she went to her father and slept with him as she was afraid to be alone. She did
    not immediately report the incident in the morning because they were afraid of the threat. She
    reported her ordeal to Kagawad Rodolfo Pontillan who handed a note to be given to the
    authorities. The accused was immediately arrested. Gloria submitted herself to medical
    examination where laceration of the hymen, about 3 to 5 days old was found out.
    The trial court appreciated aggravating circumstances of dwelling, nighttime, and ignominy and
    since crime was committed with deadly weapon, the accused was sentenced to a greater
    penalty of death.

    ISSUE: Whether or not the court erred in holding the three aggravating circumstances in the
    case at bar.

    RULING:
    Yes. The court affirmed the aggravating circumstances of dwelling and ignominy, except
    that of nighttime, which was not sufficiently proven that BUMINDANG used the darkness to
    facilitate his evil design or to conceal his identity.

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