Republic of the Philippines SUPREME COURT ManilaEN BANC G.R. No.

L-200 March 28, 1946

ANASTACIO LAUREL, petitioner, vs. ERIBERTO MISA, a !"r#c$or o% Pr" o& , respondent. Sulpicio V. Cea for petitioner. First Assistant Solicitor General Reyes and Solicitor Hernandez, Jr. for respondent. Arturo A. Alafriz as amicus curiae. BENG'ON, J.( Anastacio Laurel demands his release form Bilibid Prison, mainly assertin that Common!ealth Act No. "#$, creatin the People%s Court, specially section &', under !hich he is detained as a political prisoner, is unconstitutional and void. (he )olicitor *eneral, meetin the issue, sustains the validity of the !hole la!. Accordin to the pleadin s, the petitioner, a +ilipino citi,en, !as arrested in Camarines )ur in May, &'-., by the /nited )tates Army, and !as interned, under a commitment order 0for his active collaboration !ith the 1apanese durin the 1apanese occupation,0 but in )eptember, &'-., he !as turned over to the Common!ealth *overnment, and since then has been under the custody of the respondent 2irector of Prisons. (he le ality of the prisoner%s arrest and detention by the military authorities of the /nited )tates is no! beyond 3uestion.&4is present incarceration, !hich is merely continuation of his previous apprehension, has lasted 0more than si5 hours0 counted from his delivery to the respondent6 but section &' of Common!ealth Act No. "#$ provides in part as follo!s7 /pon delivery by the Commander8in8Chief of the Armed +orces of the /nited )tates in the Philippines of the persons detained by him as political prisoners, to the Common!ealth *overnment, the 9ffice of )pecial Prosecutors shall receive all records, documents, e5hibits, and such other thin s as the *overnment of the /nited )tates may have turned over in connection !ith and:or affectin said political prisoners, e5amine the aforesaid records, documents, e5hibits, etc., and ta;e, as speedily as possible, such action as maybe proper7 Provided, o!ever, . . .. And, provided, furt er, (hat, in the interest of public security, the provisions of article one hundred t!enty8five of the Revised Penal Code, as amended, shall be deemed, as they are hereby, suspended, insofar as the aforesaid political prisoners are concerned, until the filin of the correspondin information !ith the People%s Court, but the period of suspension shall not be more than si5 <"= months from the formal delivery of said political prisoners by the Commander8in8Chief of the Armed +orces of the /nited )tates in the Philippines to the Common!ealth *overnment. >n vie! of the provision, and the statement of the )olicitor *eneral that even on the date the petition !as presented his office had, ready for filin , an information char in herein petitioner !ith treason, !e fail to see ho! petitioner%s release may no! be decreed. 4o!ever, he contends that the aforesaid section violates our Constitution, because it is <a= discriminatory in nature6 <b= unla!ful dele ation of le islative po!ers6 and <c= retroactive in operation. <a= >t is first ar ued that the suspension is not eneral in application, it bein made operative only to 0the political prisoners concerned,0 that other citi,ens are not denied the si58hour limitation in article &$. of the Revised Penal Code, that such discrimination is une5cusable and amounts to denial of the e3ual protection of the la!s. >t is accepted doctrine in constitutional la! that the 0e3ual protection0 clause does not prevent the Le islature from establishin classes of individuals or ob?ects upon !hich different rules shall operate @ so lon as the classification is not unreasonable.$ >nstances of valid classification are numerous. (he point to be determined then, is !hether the differentiation in the case of the political prisoner is unreasonable or arbitrary. 9ne of the proclamations issued by *eneral MacArthur upon his arrival in Leyte <2ecember $', &'--= referred to those +ilipino citi,ens !ho had voluntarily iven aid, comfort and sustenance to the 1apanese. >t announced his purpose to to hold them in restraint for the duration of the !ar, 0!hereafter they shall be turned over to the Philippine *overnment for its ?ud ment upon their respective cases.0 Ahen active hostilities !ith 1apan terminated, *eneral MacArthur ordered the delivery of the Common!ealth of all the prisoners theretofore ta;en under his said proclamation. (here !as ",BBB in

round numbers. (he problem problem !as momentous and ur ent. Criminal informations a ainst all, or a ma?ority, or even a substantial number of them could not be properly filed in the si58hour period. (hey could not obviously be turned loose, considerin the conditions of peace and order, and the safety of the prisoners themselves. )o the President, by virtue of his emer ency po!ers, promul ated E5ecutive 9rder No. ". suspendin article &$. of the Revised Penal Code, for not more than thirty days, !ith re ard to said detainees or internees, havin found such suspension necessary to 0enable the *overnment to fulfill its responsibilities and to adopt temporary measures in relation !ith their custody and the investi ation, prosecution and disposal of their respective cases.0 (he 9rder added that it shall be in force and effect until the Con ress shall provide other!ise. Con ress later approved Common!ealth Act. No. "#$, establishin the People%s Court and the 9ffice of )pecial Prosecutors for the prosecution and trial of crimes a ainst national security committed durin the second Aorld Aar. >t found the thirty8day period too short compared !ith the facilities available to the prosecution, and set the limit at si5 months. Considerin the circumstances, !e are not prepared to hold the e5tension of the period for the political detainees !as unreasonable. (he Le islature chose to ive the prosecutor%s office sufficient time to investi ate and to file the proper char e @ or to dischar e those !hom it may find innocent. >f time had not been ranted, the prosecutor !ould perhaps have been forced to indict all the detainees indiscriminately6 reservin , of course, its ri ht subse3uently to re3uest the liberation of those it may thin; not uilty. But such !holesale indictment !as obviously neither practical nor desirable. Ae !ill allo! that there may be some dispute as to the !isdom or ade3uacy of the e5tension. Cet the point is primarily for the Le islature to decide. (he only issue is the po!er to promul ate special rules for the custody and investi ation of active collaborationists, and so lon as reasons e5ist in support of the le islative action courts should be careful not to deny it. >n this connection, it must be stated there can really be no substantial round to assail the si58month e5tension, in vie! of the provisions authori,in the release under bail. Article &$. of the Revised Penal Code !as intended to prevent any abuse resultin from confinin a person !ithout informin him of his offense and !ithout permittin him to o on bail. Common!ealth Act No. "#$ ives no occasion to such abuse. (he political prisoners ;no!, or ou ht to ;no!, they are bein ;ept for crimes a ainst national security. And they are enerally permitted to furnish bail bonds. <b= (here is hardly any merit to the ar ument that as 0the duration of the suspension of article &$. is placed in the hands of the )pecial Prosecutor%s 9ffice,0 the section constitutes an invalid dele ation of le islative po!ers6 for as e5plained by the )olicitor8*eneral, the result @ some informations filed before, others after!ards @ is merely the 0conse3uence of the fact that si5 thousand informations could not be filed simultaneously, and that some one had to be first or some one else, necessarily the last.0 (he la!, in effect, permitted the )olicitor8*eneral to file the informations !ithin si5 months. And statutes permittin officers to perform their duties !ithin certain periods of time may not surely be declared invalid dele ations of le islative po!er. <c= Nor is the position correct that section &' is retroactive in its operation. >t refers to detention after its passa e @ not before. >ncidentally, there is no constitutional ob?ection to retroactive statutes !here they relate, to remedies or procedure.D (he ar ument is advanced that !hen he !as arrested, <May, &'-.=, article &$. of the Revised Penal Code !as in force, and petitioner could have as;ed for release after si5 hours and, therefore, Common!ealth Act No. "#$ that ta;es a!ay that ri ht is e" post facto, retroactive and fundamentally ob?ectionable. (he premises are incorrect. >n May, &'-., e could not ave as#ed for release after si5 hours. >n other !ords, he !ould not have been dischar ed from the custody. <Ra3ui,a vs. Branford, supra.= Article &$. of the Revised Penal Code !as in force, it is true6 but not as to him. (he la!s of the Common!ealth !ere revived in Camarines )ur by operation of *eneral MacArthur%s proclamation of 9ctober $D, &'--, upon its liberation from enemy control6 but sub?ect to his reservation to hold active collaborationists in restraint 0for the duration of the !ar.0 )o, persons apprehended under that directive, for treasonable collaboration, could not necessarily invo;e the benefits of article &$. of the Revised Penal Code. /ndoubtedly the Le islature could validly repeal section &$. of the Revised Penal Code. 4ad it done so, herein petitioner !ould have no round to protest on constitutional principles, as he could claim no vested ri ht to the continued enforcement of said section.- (herefore, a fortiori he may not complain, if, instead of repealin that section, our la!ma;in body merely suspended its operation for a definite period of time. )hould he counter that such repeal or suspension must be eneral to be valid, he !ill be referred to the precedin considerations re ardin classification and the e3ual protection of the la!s. Aherefore, !e perceive no irreconcilable conflict bet!een the Constitution and the challen ed portions of section &' of Common!ealth Act No. "#$. (he other features of the People%s Court Act !hich are the sub?ect of denunciation by petitioner do not, in our opinion, re3uire specific elucidation at this time, because he has not as yet been held into that court, and the issues appear to have no important or necessary connection !ith his current deprivation of liberty.. (he petition for the !rit of a$eas corpus !ill be denied. Aith costs.

Republic of the Philippines SUPREME COURT Manila EN BANC G.R. No. L-8)6 A*r"+ 18, 1949

T,E PEOPLE O- T,E P,ILIPPINES, plaintiff8appellee, vs. SUSANO PERE' .a+"a /I! PERE'0, defendant8appellant. Crispin %$en and &sidro Santia'o for appellant. Assistance Solicitor General (anuel P. )arcelona and Solicitor *smeraldo +mali for appellee. TUASON, J.( )usano Pere, alias Eid Pere, alias Eid Pere, !as convicted of treason by the .th 2ivision of the People%s Court sittin in Cebu City and sentenced to death by electrocution. )even counts !ere alle ed in the information but the prosecution offered evidence only on counts &, $, -, . and ", all of !hich, accordin to the court, !ere substantiated. >n a unanimous decision, the trial court found as follo!s7 0As re ards count No. & @ Count No. & alle es that the accused, to ether !ith the other +ilipinos, recruited, apprehended and commandeered numerous irls and !omen a ainst their !ill for the purpose of usin them, as in fact they !ere used, to satisfy the immoral purpose and se5ual desire of Colonel Mini, and amon such unfortunate victims, !ere +elina Laput, Eriberta Ramo alias Miami Ramo, Eduarda 2aoho , Euti3uia Lamay, +eliciana Bonalos and +laviana Bonalos. >t !ould be unnecessary to recite here the testimonies of all the victims of the accused6 it sufficient to reproduce here succinctly the testimony of Eriberta Ramo. )he testified that on 1une &., &'-$, the accused came to her house to et her and told her that she !as !anted in the house of her aunt, but instead, she !as brou ht to the house of the Puppet *overnor A apito 4ontanosas6 that she escaped and returned to Baclayon her hometo!n6 that the accused came a ain and told her that Colonel Mini !anted her to be his >nformation Cler;6 that she did not accept the ?ob6 that a !ee; later the accused came to Baclayon to et her, and succeeded in ta;in some other irls Puppet *overnor A apito 4ontanosas6 that *overnor 4ontanosas told her that Colonel Mini !anted her to be his !ife6 that !hen she !as brou ht to Colonel Mini the latter had nothin on but a 0*0 strin 6 that he, Colonel Mini threatened her !ith a s!ord tied her to a bed and !ith force succeeded in havin carnal ;no!led e !ith her6 that on the follo!in ni ht, a ain she !as brou ht to Colonel Mini and a ain she !as raped6 that finally she !as able to escape and stayed in hidin for three !ee;s and only came out from the hidin !hen Colonel Mini left (a bilaran. 0As re ards count No. $ @ Count No. $ of the information substantially alle es7 (hat accused in company !ith some 1apanese and +ilipinos too; Eriberta Ramo and her sister Cleopatra Ramo from their home in Baclayon to attend a ban3uet and a dance or ani,ed in honor of Colonel Mini by the Puppet *overnor, A apito 4ontanosas in order that said 1apanese Colonel mi ht select those first !ho !ould later be ta;en to satisfy his carnal appetite and that by means of threat, force and intimidation, the above mentioned t!o sister !ere brou ht to the head3uarters of the 1apanese Commander at the Mission 4ospital in (a bilaran !here Eriberta Ramo !as forced to lived a life of shame. All these facts alle ed in count No. $ !ere testified to by said !itnesses Eriberta Ramo her mother Mercedes de Ramo. >t is not necessary here to recite once more their testimony in support of the alle ations in court No. $6 this Court is fully convinced that the alle ation in said count No. $ !ere fully substantiated by the evidence adduced. 0As re ards count No. - @ Count No. - substantially alle es that on 1uly &", &'-$, the t!o irls named Eduardo ). 2aoho and Euti3uia Lamay, !ere ta;en from their homes in Corella, Bohol, by the accused and his companion named Ficente Bullecer, and delivered to the 1apanese 9fficer, 2r. (a;ibayas to satisfy his carnal appetite, but these t!o, the accused )usano Pere, and his companion Ficente Bullecer, before deliverin them to said 1apanese 9fficer,

satisfied first their lust6 the accused )usano Pere, rapin Eduarda ). 2aoho and his companion, Ficente Bullecer, the other irl Euti3uia Lamay. Eduarda ). 2aoho , testifyin , said7 that !hile on the !ay to (a bilaran, the accused thou h force and intimidation, raped her in an uninhabited house6 that she resisted !ith all her force a ainst the desire of the accused, but of no avail6 that upon arrivin in (a bilaran, she !as delivered to the 1apanese 9fficer named (a;ibayas !ho also raped her. Euti3uia Lamay testified that on 1uly &", &'-$, the accused and his companion, Bullecer, !ent to her house to ta;e her and her sister6 that her sister !as then out of the house6 that the accused threatened her !ith a revolved if she refuses to o6 that she !as placed in a car !here Eduarda 2aoho !as6 that !hile they !ere in the car, the accused carried Eduarda out of the car, and their companion Bullecer too; the other !itness <Euti3uia Lamay=6 that !hen the accused and Eduarda returned to the car, the latter6 Eduarda, covered her face, cryin 6 that later, she and Eduarda !ere ta;en to the *overnor%s house6 that on arrivin and in the presence of the Puppet *overnor 4ontanosas, the *overnor e5claimed7 0> did not call for these irls07 but the accused replied sayin 7 0(hese irls tal;ed bad a ainst the 1apanese , and that is !hy !e arrested them06 that the said *overnor 4ontaGosas then, said7 0(a;e them to the 1apanese 06 that the accused and Bullecer brou ht the t!o irls to the 1apanese head3uarters6 that Eduarda !as ta;en to one room by the 1apanese Captain called 2r. (a;ibayas, and she <Euti3uia Lamay= !as ta;en to another room by another 1apanese livin in that house6 that she !as raped by that 1ap !hile in the room6 that she resisted all she could, but of no avail. >n the li ht of the testimonies of these t!o !itnesses, Eduarda ). 2aoho and Euti3uia Lamay, all the alle ations in Court No. - !ere fully proven beyond reasonable doubt. 0As re ards count No. . @ Count No. . alle es7 (hat on or about 1une -, &'-$, the said accused commandeered +eliciana Bonalos and her sister +laviana Bonalos on the prete5t that they !ere to bee ta;en as !itnesses before a 1apanese Colonel in the investi ation of a case a ainst a certain Chinese <>nsi; Epin =, and uponarrivin at (a bilaran, Bohol, the accused brou ht the aforesaid t!o irls to the residence of Colonel Mini, Commander of the 1apanese Armed +orces in Bohol and by means of violence threat and intimidation, said 1apanese Colonel abused and had se5ual intercourse !ith +laviana Bonalos6 that the accused subse3uently of Colonel Mini and throu h violence, threat and intimidation, succeeded in havin carnal ;no!led e !ith her a ainst her !ill6 that t!o days, later, upon the prete5t of conductin the unfortunate irls to their home, said accused brou ht the other irls +eliciana Bonalos to a secluded place in (a bilaran, Bohol, and in the dar;ness, by mean of threat and violence had carnal ;no!led e !ith her a ainst her !ill. +eliciana Bonalos testifyin in this count, declared that the accused came to et her on the prete5t that she !as to be used as !itness in a case affectin certain Chinaman before Colonel Mini6 that she and her youn er sister +laviana !ere brou ht in a car driven by the accused6 they !ere brou ht to the house of Colonel Mini6 that sister +laviana !as conducted into a room and after remainin in the same for about an hour, she came out !ith her hair and her dress in disorder6 that +laviana told her immediately that she !as raped a ainst her !ill by Colonel Mini6 that she <+eliciana=, after leavin the residence of said 1ap officer, !as ta;en by Pere, to an uninhabited house and there by threat and intimidation, the accused succeeded in rapin her6 that !hen she returned to her <the !itness=, +laviana !as cryin 6 that the follo!in day !hile conductin the t!o irls bac; to their hometo!n, she <+eliciana= !as also raped by the accused in an uninhabited house, a ainst her !ill. Fictoriana Arayan <mother of +eliciana and +laviana Bonalos= testified as follo!in 7 (hat on 1une &., &'-$, the accused came and told her that the 1apanese needed her dau hters to be !itnesses6 that accordin ly, he dau hters, under that understandin , started for (a bilaran6 that later, she !ent to (a bilaran to loo; for her dau hters and she found them in the office of the Puppet *overnor6 that on seein her, both dau hters !ept and told her that they !ere turned over to the 1apanese and raped them6 that her dau hter +laviana told her <the !itness= that after the 1apanese had raped her the accused also raped her <+laviana= in an uninhabited house6 that the accused did not permit her t!o dau hter to return home on the prete5t that the Puppet *overnor !as then absent and in the mean!hile they stayed in the house of the accused Pere,6 that !hen her dau hter returned to her house ultimately, they related to her <mother= !hat happened6 that both dau hters told her they !ould have preferred death rather than to have one to (a bilaran6 that +eliciana told her <the mother= that the accused had raped her. (he information ive by +eliciana to her mother is admitted in evidence as a part of the res 'estae re ardless of the time that had elapsed bet!een the occurrence and the time of the information. >n the manner these t!o !itnesses testified in court, there could be no doubt that they !ere tellin the absolute truth. >t is hard to conceived that these irls !ould assume and admit the i nominy they have one throu h if they !ere not true. (he Court is fully convinced that all the alle ations contained in Court No. . have been proven by the testimonies of these t!o !itnesses beyond reasonable doubt. 0As re ards count No. " @

Count No. ", alle es7 (hat the accused, to ether !ith his +ilipino companion apprehended Natividad Barcinas, Nicanora Ralameda and (eotima Barcinas, nurses of the provincial hospital, for not havin attended a dance and reception or ani,ed by the Puppet *overnor in honor of Colonel Mini and other 1apanese hi h ran;in officers, !hich !as held in (a bilaran mar;et on 1une $., &'-$6 that upon bein brou ht the Puppet *overnor, they !ere severely reprimanded by the latter6 that on 1uly #, &'-$, a ainst said nurses !ere forced to attend another ban3uet and dance in order that the 1ap officers Mini and (a;ibayas mi ht ma;e a selection !hich irls !ould suit best their fancy6 that the real purpose behind those forcible invitations !as to lure them to the residence of said 1apanese 9fficer Mini for immoral purposes. Natividad Barcinas, a Lieutenant of the P.A., testified at len th. )he declared7 (hat on 1une $', &'-$, she and companion nurses, sa! the accused comin to the hospital !ith a revolver and too; them on a car to the office of the Puppet *overnor !here they !ere severely reprimanded by the latter for not attendin the dance held on 1une and receptions !as to select from amon them the best irl that !ould suit the fancy of Colonel Mini for immoral purposes that she and her companions !ere al!ays afraid of the accused Pere, !henever he came to said hospital6 that on one occasion, one of the nurses on perceivin the approach of the accused, ran up into her room, laid do!n on bed and simulated to be sic;6 that said accused, not satisfied, !ent up into the room of that particular nurse and pulled out the blan;et !hich covered her and tellin her that it !as only her prete5t that she !as sic;. (he testimony of Lt. Natividad Barcinas is fully corroborated by that of Nicanora Ralameda. )aid testimony need not be reproduced here. >n a carefully !ritten brief for the appellant these findin s are not 3uestioned, but it is contended that the deeds committed by the accused do not constitute treason. (he )olicitor *eneral submits the opposite vie!, and ar ues that 0to maintain and preserve the morale of the soldiers has al!ays been, and !ill al!ays be, a fundamental concern of army authorities, for the efficiency of rests not only on its physical attributes but also, mainly, on the morale of its soldiers0 <citin the annual report of the Chief of )taff, /nited )tate Army, for the fiscal year endin 1une DB, &'DD=. >f furnishin !omen for immoral purposes to the enemies !as treason because !omen%s company ;ept up their morale, so fraterni,in !ith them, entertainin them at parties, sellin them food and drin;s, and ;indred acts, !ould be treason. +or any act of hospitality !ithout doubt produces the same eneral result. yet by common a reement those and similar manifestation of sympathy and attachment are not the ;ind of disloyalty that are punished as treason. >n a broad sense, the la! of treason does not prescribe all ;inds of social, business and political intercourse bet!een the belli erent occupants of the invaded country and its inhabitants. >n the nature of thin s, the occupation of a country by the enemy is bound to create relations of all sorts bet!een the invaders and the natives. Ahat aid and comfort constitute treason must depend upon their nature de ree and purpose. (o dra! a line bet!een treasonable and untreasonable assistance is not al!ays easy. (he scope of adherence to the enemy is comprehensive, its re3uirement indeterminate as !as said Cramer vs. /nited )tates. #' La!. ed., &--&. As eneral rule, to be treasonous the e5tent of the aid and comfort iven to the enemies must be to render assistance to them as enemies and not merely as individuals and in addition, be directly in furtherance of the enemies% hostile desi ns. (o ma;e a simple distinction7 (o lend or ive money to an enemy as a friend or out of charity to the beneficiary so that he may buy personal necessities is to assist him as individual and is not technically traitorous. 9n the other hand, to lend or ive him money to enable him to buy arms or ammunition to use in !a in !ar a ainst the iver%s country enhance his stren th and by same count in?ures the interest of the overnment of the iver. (hat is treason. <See /nited )tates vs. +ric;e, $.' +., "HD6 "D C.1., #&", #&H.= Applyin these principles to the case at bar, appellant%s first assi nment of error is correct. 4is 0commandeerin 0 of !omen to satisfy the lust of 1apanese officers or men or to enliven the entertainment held in their honor !as not treason even thou h the !omen and the entertainment helped to ma;e life more pleasant for the enemies and boost their spirit6 he !as not uilty any more than the !omen themselves !ould have been if they voluntarily and !illin ly had surrendered their bodies or or ani,ed the entertainment. )e5ual and social relations !ith the 1apanese did not directly and materially tend to improve their !ar efforts or to !ea;en the po!er of the /nited )tate. (he acts herein char ed !ere not, by fair implication, calculated to stren then the 1apanese Empire or its army or to cripple the defense and resistance of the other side. Ahatever favorable effect the defendant%s collaboration !ith the 1apanese mi ht have in their prosecution of the !ar !as trivial, imperceptible, and unintentional. >ntent of disloyalty is a vital in redient in the crime of treason, !hich, in the absence of admission, may be athered from the nature and circumstances of each particular case. But the accused may be punished for the rape of Eriberta Ramo, Eduarda 2aoho , Euti3uia Lamay and +laviana Bonalos as principal by direct participation. Aithout his cooperation in the manner above stated, these rapes could not have been committed. Conviction of the accused of rapes instead of treason finds e5press sanction in section $ of Common!ealth Act No. "#$, !hich says7

Provided furt er, (hat !here, in its opinion, the evidence is not sufficient to support the offense <treason= char ed, the People%s Court may, nevertheless, convict and sentence the accused for any crime included in the acts alle ed in the information and established by the evidence. All the above mentioned rapes are alle ed in the information and substantiated by the evidence. Counsel assails the constitutionality of this of his provision as violative of section &, para raph &H, Article >>> of the Constitution, !hich uarantees to an accused the ri ht 0to be informed of the nature and cause of the accusation a ainst him.0 (he contention is not !ell ta;en. (he provision in re3uires that the private crimes of !hich an accused of treason may be convicted must be averred in the information and sustained by evidence. >n the li ht of this enactment, the defendant !as !arned of the ha,ard that he mi ht be founded uilty of rapes if he !as innocent of treason and thus afforded an opportunity to prepare and meet them. (here is no element of surprise or anomaly involved. >n facts under the eneral la! of criminal procedure convicted for crime different from that desi nated in the complaint or information is allo!ed and practiced, provided only that such crime 0is included or described in the body of the information, and after!ards ?ustified by the proof presented durin the trial.0 <People vs. Pere,, -. Phil., .''.= (he defendant personally assaulted and abused t!o of the offended irls but these assaults are not char ed a ainst him and should be ruled out. (he crime of coercion alle ed and founded on count No. ". need not be noticed in vie! of the severity of the penalty for the other crimes !hich he must suffer. Ae find the defendant uilty of four separate crimes of rape and sentence him for each of them to an indeterminate penalty of from &B year of prision mayor to &H year and - months of reclusion temporal, !ith the accessories of la!, to indemnify each of the offended !omen in the sum of PD,BBB, and to pay the costs6 it bein understood that the total duration of these penalties shall not e5ceed forty years.