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    47 People Vs Jose 37 SCRA 450 (Case Digest)

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    G-one Paisones
    1) Jose and three others were accused of conspiring to abduct and rape Maggie de la Riva, a movie actress. 2) They forcibly brought her to a hotel in Pasay City using intimidation and a deadly weapon. 3) The court held Jose and the others liable for the complex crime of forcible abduction with rape, as abduction was the first crime and rape was more serious, warranting the maximum penalty of death.

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    47 People Vs Jose 37 SCRA 450 (Case Digest)

    Uploaded by

    G-one Paisones
    572 views1 page
    1) Jose and three others were accused of conspiring to abduct and rape Maggie de la Riva, a movie actress. 2) They forcibly brought her to a hotel in Pasay City using intimidation and a deadly weapon. 3) The court held Jose and the others liable for the complex crime of forcible abduction with rape, as abduction was the first crime and rape was more serious, warranting the maximum penalty of death.

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    FSUU Criminal Law 2 Finals

    Original Title

    47 People vs Jose 37 SCRA 450 [Case Digest]

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    1) Jose and three others were accused of conspiring to abduct and rape Maggie de la Riva, a movie actress. 2) They forcibly brought her to a hotel in Pasay City using intimidation and a deadly weapon. 3) The court held Jose and the others liable for the complex crime of forcible abduction with rape, as abduction was the first crime and rape was more serious, warranting the maximum penalty of death.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    572 views1 page

    47 People Vs Jose 37 SCRA 450 (Case Digest)

    Uploaded by

    G-one Paisones
    1) Jose and three others were accused of conspiring to abduct and rape Maggie de la Riva, a movie actress. 2) They forcibly brought her to a hotel in Pasay City using intimidation and a deadly weapon. 3) The court held Jose and the others liable for the complex crime of forcible abduction with rape, as abduction was the first crime and rape was more serious, warranting the maximum penalty of death.

    Copyright:

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

    47

    People vs Jose
    37 SCRA 450

    Facts:
    On June 26, 1967, Jaime Jose, together with 3 principal-accused; and with Wong Lay
    Pueng, Silverio Guanzon and Jessie Guion as accomplices, conspired together, confederated
    with and mutually helped one another, then and there, to willfully, unlawfully and feloniously,
    with lewd design to forcibly abduct Magdalena “Maggie” de la Riva, 25 years old and single, a
    movie actress by profession at the time of the incident, where the four principal accused, by
    means of force and intimidation using a deadly weapon, have carnal knowledge of the
    complainant against her will, and brought her to the Swanky Hotel in Pasay City, and hence
    committed the crime of Forcible Abduction with Rape.

    Issue:
    Whether or not the accused are liable for the complex crime of forcible abduction with
    rape

    Held:
    Yes.

    Ratio:
    As regards, therefore, the complex crime of forcible abduction with rape, the first of the
    crimes committed, and the latter is the more serious; hence, pursuant to the provision of Art 48
    of the RPC, the penalty prescribed shall be imposed in its maximum period. Consequently, the
    appellants should suffer the extreme penalty of death.

    Submitted by: G-one T. Paisones


    Submitted to: Atty. Cisco Franz S. Maclang

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