People vs. Godines DIGEST
People vs. Godines DIGEST
People vs. Godines DIGEST
FORCIBLE ABDUCTION WITH RAPE 4. Godines' defense was that he was in Moreno's house at the
time, recuperating from an illness, and that he knew her since
FACTS they were kids and they never had a misunderstanding. Trial
court found both accused guilty of rape, and held that he crime
1. In the evening of March 17, 1988, Esther Ancajas was of forcible abduction is absorbed in the crime of rape if the
sleeping in the house of one Alejandro Vilaksi at Sitio main purpose of the accused is to rape the victim.
Sincamas, Sta. Cruz, San Pascual, Masbate. She was awakened
by a commotion emanating from an adjacent room occupied by
Vilaksi and his wife Milagros. She lit a kerosone lamp to ISSUE
ascertain what was going on.
WON forcible abduction is absorbed in the crime of rape
2. She witnessed Rolando Godines and Danny Moreno talking
with the Vilaksi couple, then Godines hacked the wife Milagros HELD
-- he got some money from them while Moreno stood as
lookout. Ancajas tried to escape with her small child, but the YES.
men saw them, grabbed them and forcibly brought them to a
nearby vacant lot with tall grasses. Forcible abduction is absorbed in the crime of rape if the main
objective of the appellant is to rape the victim. No doubt the
3. The men were both armed, and threatened to kill her if she evidence show the appellants through force and intimidation
resisted. They took turns raping her; one holding the child and conspiring with each other successfully raped the victim by
while the other was doing it. She tried to resist but they taking turns in raping her while the other held the child of the
overpowered her. Then they threatened her with death and victim and threatened her against resisting.
warned her not to go to the authorities, but she did anyway. In