People of the Philippines vs. Dina Dulay
G.R. No. 193854 ; 24 September 2012
PONENTE: Peralta
SUBJECTS: Rape, R.A. 7610
FACTS:
On 3 July 2005, AAA was introduced to the accused during the wake of a relative of AAA. Thereafter, the accused convinced AAA to accompany her at a wake at GI San Dionisio, Paranaque City. However, before they went to the wake, they went to look for the boyfriend of the accused. They went to Bulungan Fish Port were they found the boyfriend of the accused. They proceeded to the kubuhan, located at the back of the Bulungan Fish Port. Upon arrival, the accused suddenly pulled AAA inside a room where a man known only as “Speed” was waiting. AAA saw “Speed” give the accused some money, then the latter left. “Speed” wielded a knife and tied AAA’s hands to the papag and raped her. AAA asked for appellant’s help when she saw the latter peeping into the room while she was being raped, but appellant did not do so. After the rape, “Speed” and appellant told AAA not to tell anyone what had happened or else they would get back at her. AAA, accompanied by her sister and mother filed a complaint for Rape. The RTC rendered a decision finding the accused guilty as a co-principal by indispensable cooperation for the crime of Rape.
ISSUE:
Whether or not the accused should be held liable as a co-principal for the crime of Rape
HELD:
No, in order to be considered as a principal by indispensable cooperation, one must participate in the criminal resolution, a conspiracy or unity in criminal purpose and cooperation in the commission of the offense by performing another act without which it would not have been accomplished. The Supreme Court held that the accused did not participate in the criminal resolution of the crime of Rape but merely delivered AAA to “Speed”
However, the accused is still liable for violation of Section 5 (a), Article III of R.A. 7610 or a) Those who engage in or promote, facilitate or induce child prostitution which include, but are not limited to, the following: (1) Acting as a procurer of a child prostitute.
