THE UNITED STATES, PLAINTIFF AND APPELLEE, VS. EUSTAQUIO GAMILLA, DEFENDANT AND APPELLANT.

“That on or about April 22, 1917, at about 6 o’clock in the afternoon, in the
place known as Agupanga of the barrio of Catiningan, within the jurisdiction of
the township of Pola, Province of Mindoro, P. I., the herein accused, having met
in an uninhabited place Maria Mampusti, a young girl, 21 years of age, lame and
one-handed, did, then and there, wilfully, unlawfully, and criminally seize her
with the object of violating her, and, in effect, he did succeed in lying with
her by means of force and intimidation. Act committed in violation of law.”

Upon said complaint, defendant was arrested, arraigned, tried, found guilty
and sentenced, by the Honorable Vicente Jocson, to be imprisoned for a period of
twelve years and one day of reclusion temporal, with the accessory penalties of
the law, (to endow the offended party in the sum of P300) ; to recognize the
child if any should be born by virtue of the illicit relations, to support said
child in the sum of P5 per month until it arrive at its majority, and to pay the
costs. From that sentence the defendant ap pealed to this court. A question of
fact only is presented by the appellant. A careful examination of the evidence
shows that the following finding of facts made by Judge Jocson is sustained
beyond a reasonable doubt:

“The evidence adduced by the prosecution has established the following facts:
that in the afternoon of April 22, 1917, Maria Mampusti was ordered by her aunt
Ramona Zuleta to go, together with Maxima Laylay, to the house of a certain
Quicay in the barrio of Catiningan, Pola, Mindoro to ask for some buyo
(betel-leaves, nut, and lime for chewing); that both the said girls, on their
return home at dark, met, in the neighborhood of an abaca plantation, the
accused who came from the cockpit and who had with him a game-cock; that upon
approaching Maria Mampusti, the said accused let loose his roster on the ground
and seized Maria Mampusti, throwing her easily on the ground; that then, the
accused, despite the cries and resistance of Maria Mampusti, succeeded in
violating her, thus consummating the lascivious act; that Maxima Laylay, on
seeing the violence being committed by the accused, ran toward her house to call
Ramona Zuleta; that, unfortunately, when the latter arrived at the place of the
occurrence, the accused had already accomplished his savage purpose; was then at
a certain distance from the offended girl; was running and being followed by the
said Ramona Zuleta, who could not overtake him; that the offended girl and her
aunt went to the councilor’s and later to the town to present their complaint
before the justice of the peace; that, unfortunately, when they reached the
town, the said justice of the peace was not in the said town but in Pinamalayan,
the latter township and Pola being combined for judicial purposes; that the said
justice of the peace arrived some days afterwards; and that that was the time
when the complaint was filed.

“The offended girl was examined by the health officer and, according to the
certificate, Exhibit B, and the testimony of the said health officer before the
court, her uterus was damaged and her hymen broken, the wounds being recent in
nature. The evidence of the prosecution as well as of the defense proves that
Maria Mampusti is paralytic in half of her body and that her right hand is lame.
Such being the case, she could only utilize her left arm for whatever resistance
she could offer. The paralysis is such that, according to the witnesses of both
parties, a slight push is more than sufficient to throw said Maria Mampusti to
the ground.

“* * * * * * *

“Considering the evidence presented by both the prosecution and the defense,
I believe that the testimony of the witnesses for the prosecution is accurate
and sincere, because in my judgment the rape is fully proven by the health
officer. The rape was easily consummated by the accused, because the offended
girl is paralytic so that, as has been declared by the witnesses for the
defense, with or without a slight push she can be thrown to the ground, and also
because her right arm is lame—circumstances which made it impossible for Maria
Mampusti to resist the force and cynical objects of the accused who accomplished
the lascivious act with great facility.

“* * * * * * *

“The offended girl is a countrywoman as is also her aunt. They are entirely
ignorant, and because of this circumstance it is not to be believed that they
were capable of fabricating an accusation such as the present, because their
sincerity is shown by the fact that they went to the authorities to complain
against the acts committed by the accused and because the defloration of the
offended party has been fully established by the examination had at the instance
of the justice of the peace.

“The act complained of has been sufficiently proven beyond reasonable doubt,
the author thereof being the herein accused Eustaquio Gamilla. This criminal act
is comprised in, and penalized by, article 438 of the Penal Code, and,
considering the accused’s lack of instruction, the minimum penalty prescribed
for such a crime should be imposed upon him.”

It will be noted that the lower court gave the defendant the benefit of
article 11. We have held in numerous decisions that article 11 should not be
applied to the class of crimes with which the defendant is charged; that no one
is so ignorant as not to know that the acts which the defendant committed were
wrong and in violation of the law. (U. S. vs. Borjal, 9 Phil. Rep., 140; U. S.
vs. Mercado and Rey, 13 Phil. Rep., 624; U. S. vs. Legaspi and Pulongbaret, 14
Phil. Rep., 38.)

There being neither aggravating nor extenuating circumstances the defendant
should be punished in the medium grade of reclusion temporal, or for a period of
fourteen years, eight months, and one day. Therefore, for the reasons above
indicated, the sentence of the lower court is hereby modified. It is hereby
ordered and decreed that the defendant be sentenced to be imprisoned for a
period of fourteen years, eight months and one day of reclusion temporal, with
the accessory penalties of the law, to endow the offended party in the sum of
P300, to recognize the offspring if any should be born, and to support it in the
amount of P5 a month until it arrives at its majority, and to pay the costs. So
ordered.

Arellano, C. J., Torres, Street, Malcolm, and Avanceña,
JJ., concur.