PEOPLE v. TUBALLAS

PEOPLE vs. BILLIE GHER TUBALLAS Y FAUSTINO
G.R. No. 218572
June 19, 2017


Facts:

Accused Bryan Florencio, Billie Gher Tuballas and ZZZ, 17 years of age acting with discernment by means of force and intimidation did then and there willfully, unlawfully, and feloniously have sexual intercourse with AAA, 15 years of age, and without her consent.

During trial it was proven that the accused appellant, Billie Tuballas, was recording a video of ZZZ, while the latter was having sexual intercourse with AAA. After ZZZ, Bryan Florencio took his turn and also have sexual intercourse with AAA, both acts was without the consent of AAA.

A witness saw the malicious act and tried to stop Bryan Florencio. However, the accused appellant warned the witness, not to interfere or else he will take his life.
Bryan Florencio, during the pendency of the case, died. Therefore the RTC dismissed the case against him. The court was also not able to acquire jurisdiction over ZZZ as he was not yet found by the authorities up to this day.

RTC rendered a decision, and decided that Billie Gher Tuballas is guilty of two counts of rape.

CA affirmed the decision.


Issue:

WON the accused appellant is guilty beyond reasonable doubt.


Held:

Yes, the accused is guilty beyond reasonable doubt for two counts of rape.
It was clear that the accused appellant, Bryan Florencio and ZZZ acted with conspiracy to commit the felonious act.

Hence, in conspiracy, the act of one is the act of all.
When ZZZ and Florencio committed the felonious acts, it is as if the accused also committed the act, art 8 of RPC.