PEOPLE OF THE PHILIPPINES vs LORENO, et al.

,
(G.R. No. L-54414, July 9, 1984)
EXEMPTING CIRCUMSTANCES
Facts:
In an information filed before the Court of First Instance of Camarines Sur, accused
Eustaquio Loreno y Malaga and Jimmy Marantal y Londete were charged with tile crime of
Robbery with Double Rape.

The accused with 6 other men who are still at large, armed with firearms, conspiring and
confederating together and mutually helping one another, taking advantage of nighttime to better
accomplish their purpose, intruded and robbed the house of Elias Monge. The accused take, rob
and carry away the properties of Elias Monge,

The 2 apprehended persons were sentenced separately by the lower court. Loreno was
found guilty beyond reasonable doubt of the crime of robbery with double rape, with the penalty
of life imprisonment. On the other hand, Marantal was charged with the crime of robbery.

Issues:

Whether or not the accused could invoke the exempting circumstances under irresistible
force or uncontrollable fear.

Ruling:

NO. Appellants claimed that they acted under the compulsion of an irresisitible force
and/or uncontrollable fear. They claimed that they were only forced by the 6 other unidentified
suspects who are members of the NPA. However, the records revealed that on the two instances
Loreno made Beata Monge, Eliass wife, open the trunk and aparador to get its contents, he acted
alone, without threat and assistance from any of the unidentified men. On the other hand, serving
as a lookout or guard, Marantal actually gave his companions effective means and
encouragement to commit the crimes. There was no evidence or proof of him raising a voice of
protest during the incident. There was no showing that Jimmy Marantal raised a voice of protest
or did an act to prevent the commission of the crimes.