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GR No. 186417 People vs. Felipe Mirandilla

Felipe Mirandilla was found guilty of the special complex crime of kidnapping and serious illegal detention with rape. The court was able to prove all elements of rape under Article 266-A of the Revised Penal Code, as well as all elements of kidnapping and serious illegal detention under Article 267. While Mirandilla raped his victim multiple times, this was considered one single crime of kidnapping with rape according to R.A. 7659. Therefore, Mirandilla received the penalty of reclusion perpetua without parole for this special complex crime, as the death penalty is no longer allowed in the Philippines.

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364 views1 page

GR No. 186417 People vs. Felipe Mirandilla

Felipe Mirandilla was found guilty of the special complex crime of kidnapping and serious illegal detention with rape. The court was able to prove all elements of rape under Article 266-A of the Revised Penal Code, as well as all elements of kidnapping and serious illegal detention under Article 267. While Mirandilla raped his victim multiple times, this was considered one single crime of kidnapping with rape according to R.A. 7659. Therefore, Mirandilla received the penalty of reclusion perpetua without parole for this special complex crime, as the death penalty is no longer allowed in the Philippines.

Uploaded by

Nadine Gabao
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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GR No. 186417 People vs.

Felipe Mirandilla

AAA was able to prove each element of rape committed under Article 266-A, par. 1(a) of the Revised
Penal Code, that (1) Mirandilla had carnal knowledge of her; (2) through force, threat, or intimidation.
She was also able to prove each element of rape by sexual assault under Article 266-A, par. 2 of the
Revised Penal Code: (1) Mirandilla inserted his penis into her mouth; (2) through force, threat, or
intimidation.

Likewise, kidnapping and serious illegal detention is provided for under Article 267 of the Revised Penal
Code:

Article 267. Kidnapping and serious illegal detention. - Any private individual who shall kidnap or detain
another, or in any manner deprive him of his liberty, shall suffer the penalty of reclusion perpetua to
death;

1. If the kidnapping or detention shall have lasted more than three days. xxx
An imminent Spanish commentator explained:

la detención, la prición, la privación de la libertad de una persona, en cualquier forma y por cualquier
medio ó por cualquier tiempo en virtud de la cual resulte interrumpido el libre ejercicio de su
actividad." [69]

Emphatically, the last paragraph of Article 267 of the Revised Penal Code, as amended by R.A. No.
7659, [70] states that when the victim is killed or dies as a consequence of the detention or is raped, or is
subjected to torture or dehumanizing acts, the maximum penalty shall be imposed. This provision gives
rise to a special complex crime. As the Court explained in People v. Larrañaga, [71] this arises where the
law provides a single penalty for two or more component offenses. [72]

Notably, however, no matter how many rapes had been committed in the special complex crime of
kidnapping with rape, the resultant crime is only one kidnapping with rape. [73] This is because these
composite acts are regarded as a single indivisible offense as in fact R.A. No. 7659 punishes these acts
with only one single penalty. In a way, R.A. 7659 depreciated the seriousness of rape because no matter
how many times the victim was raped, like in the present case, there is only one crime committed - the
special complex crime of kidnapping with rape.

However, for the crime of kidnapping with rape, as in this case, the offender should not have taken the
victim with lewd designs, otherwise, it would be complex crime of forcible abduction with rape.
In People v. Garcia, [74] we explained that if the taking was by forcible abduction and the woman was
raped several times, the crimes committed is one complex crime of forcible abduction with rape, in as
much as the forcible abduction was only necessary for the first rape; and each of the other counts of
rape constitutes distinct and separate count of rape. [75]

It having been established that Mirandilla's act was kidnapping and serious illegal detention (not forcible
abduction) and on the occasion thereof, he raped AAA several times, We hold that Mirandilla is guilty
beyond reasonable doubt of the special complex crime of kidnapping and serious illegal detention with
rape, warranting the penalty of death. However, in view of R.A. No. 9346 entitled, An Act Prohibiting the
Imposition of Death Penalty in the Philippines, [76] the penalty of death is hereby reduced to reclusion
perpetua, [77] without eligibility for parole. [78]

We, therefore, modify the CA Decision. We hold that the separate informations of rape cannot be
considered as separate and distinct crimes in view of the above discussion.

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