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DEMETRIOU • The petitioner avers that the seven informations

charging seven separate are absurd because the two
G.R. Nos. 111771-77 November 9, 1993 victims in these cases could not have died seven
times. But this argument was correctly refuted by
FACTS: the Solicitor General in this wise: Where there are
two or more offenders who commit rape, the
• On July 28, 1993, the Presidential Anti-Crime homicide committed on the occasion or by reason of
Commission requested the filing of appropriate each rape, must be deemed as a constituent of the
charges against several persons, including the special complex crime of rape with homicide.
petitioner, in connection with the rape-slay of Mary Therefore, there will be as many crimes of rape with
Eileen Sarmenta and the killing of Allan Gomez. homicide as there are rapes committed.
• Acting on this request, the Panel of State Prosecutors • It is clearly provided in Rule 110 of the Rules of
of the Department of Justice conducted a preliminary Court that: Sec. 13. Duplicity of offense. A
investigation. Petitioner Sanchez was not present but complaint or information must charge but one
was represented by his counsel, Atty. Marciano offense, except only in those cases in which existing
Brion, Jr. laws prescribe a simple punishment for various
• At a confrontation that same day, Sanchez was offenses. Rape with homicide comes within the
positively identified by the witnesses, who both exception under R.A. 2632 and R.A. 4111, amending
executed confessions implicating him as a principal the Revised Penal Code.
in the rape-slay of Sarmenta and the killing of • The petitioner and his six co-accused are not
Gomez. The petitioner was then placed on "arrest charged with only one rape committed by him in
status" and taken to the Department of Justice in conspiracy with the other six. Each one of the seven
Manila. A warrant of arrest was served on Sanchez. accused is charged with having himself raped
• The respondent prosecutors thereafter filed with the Sarmenta instead of simply helping Sanchez in
RTC-Laguna seven informations charging Antonio L. committing only one rape.
Sanchez, Luis Corcolon, Rogelio Corcolon, Pepito • The separate informations filed against each of them
Kawit, Baldwin Brion, Jr., George Medialdea and allege that each of the seven successive rapes is
Zoilo Ama with the rape and killing of Mary Eileen complexed by the subsequent slaying of Sarmenta
Sarmenta. and aggravated by the killing of Allan Gomez by her
seven attackers. The separate rapes were committed
in succession by the seven accused, culminating in
ISSUE: Whether a defect is present in the seven
the slaying of Sarmenta.
informations filed against the petitioner and his co-
defendants. • It is of course absurd to suggest that Mary Eileen
Sarmenta and Allan Gomez were killed seven times,
but the informations do not make such a suggestion.
It is the petitioner who does so and is thus hoist by
his own petard.

Zenaida R. Razon
Section 4. Information Defined.
Criminal Procedure
Zenaida R. Razon
Section 4. Information Defined.
Criminal Procedure