PEOPLE OF THE PHILIPPINES vs LORENO, et al.

,
(G.R. No. L-54414, July 9, 1984)
Facts:
Eustaquio Loreno, Jimmy Marantal, along with 6 others who are still at large, intruded
and robbed the house of Brgy Capt. Elias Monge, seizing several properties, cash, and other
items amounting to P 10,619.50. Loreno, along with one of the unidentified suspects also with
lewd design, willfully, unlawfully, and feloniously had sexual intercourse with Cristina and
Monica Monge, both daughters of Elias Monge.
The 8 individuals are members of the New Peoples Army or NPA, as stated on their
letter to Elias Monge. However, only Loreno and Maranatal were apprehended by the authorities
because Loreno is personally acquainted with Elias Monge, while Marantal was recognized by
Francisco Fable, the farm helper of the Monges.
The 2 appregended persons were sentenced separately by the lower court. Loreno was
found guilty beyond reasonable doubt of the crime of robbery with double rape, with the penalty
of life imprisonment. On the other hand, Marantal was charged with the crime of robbery and
was sentenced to indeterminate penalty of 2 years and 11 days to 8 years and 1 day, as maximum.
The accused were ordered to pay Elias Monge in the sum of P 10,619.50. In addition,
Loreno was also ordered to indemnify Monica and Cristina Monge in the sum of P 10,000.00
each.
Issues:
a) Whether or not the accused under irresisitible force or uncontrollable fear.
b) Whether or not the non-participation of Jimmy Marantal entitles him to a different
and lesser penalty as to that imposed upon Eustaquio Lorena.
Ruling:
a) Appellants claimed that they acted under the compulsion of an irresisitible force
and/or uncontrollable fear. They claimed that they were only forced by the 6 other
unidentified suspects who are members of the NPA. However, the records revealed
that on the two instances Loreno made Beata Monge, Eliass wife, open the trunk and
aparador to get its contents, he acted alone, without threat and assistance from any of
the unidentified men. On the other hand, serving as a lookout or guard, Marantal
actually gave his companions effective means and encouragement to commit the
crimes. There was no evidence or proof of him raising a voice of protest during the
incident.
b) Although Jimmy Marantal did not participate in the rape and only served as a
lookout, this still demonstrated his voluntary participation in the crime. Their acts,

although different and separately performed from one another,still showed a common
interest and criminal design which constitutes a conspiracy. The degree of actual
participation by each of the conspirators is immaterial.
The judgment appealed from is affirmed, and the accused Jimmy Marantal is sentenced to
reclusion perpetua, as modification of the previous penalty imposed.