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People Vs BUMIDANG
People Vs BUMIDANG
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.