G.R. No. 126148 - PEOPLE OF THE PHILIPPINES, VS. AGAPITO QUIÑANOLA Y ESCUADRO AND EDUARDO ESCUADRO Y FLORO, ACCUSED-. D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, the Court hereby finds guilty beyond reasonable doubt the two accused Agapito `Petoy' Quiñanola and Eduardo Escuadro, alias `Batiquil,' as principals by direct participation and indispensable cooperation of the frustrated rape of the complaining witness Catalina 'Cathy' Carciller, and considering the attendance in the commission of the crime of the six (6) aggravating circumstances aforementioned, not offset by any mitigating circumstance, hereby sentences these two accused individually to Reclusion Perpetua of Forty (40) Years, plus all the accessory penalties prescribed by law, and to pay the offended party civil indemnity in the amount of P50,000.00 each. "The Court also hereby recommends that under no circumstance should the two accused be granted parole or conditional or absolute pardon, in view of the extreme moral turpitude and perversity which they exhibited in the commission of the crime - not until they shall have served at least thirty (30) years of the full range of forty (40) years of reclusion perpetua meted out against them in this case. They should be interdicted for that length of time from the usual and normal liasons (sic) and dealings with their fellowmen and their community so as to protect the latter from their pernicious and insidious examples. This is the most generous and charitable recommendation that the Court can make for these two malefactors, short of imposing upon them the supreme penalty of death, which the Court in other times and conditions might have been compelled, as a matter of inexorable duty, to mete out against them, in obedience to the implacable and peremptory demands and dictates of retributive justice. "Costs shall also be taxed against the two accused. "SO ORDERED.