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PEOPLE v.

EBIO

FACTS:

The appellant, GERRY EBIO, was charged with rape before the Regional Trial
Court of Sorsogon, Sorsogon. The private complainant is his 11-year old daughter,
DORY EBIO.

That sometime in April 21, 2000 at more or less 10:00 oclock in the
evening, at Barangay Tughan, Municipality of Juban, Province of Sorsogon, and
within the jurisdiction of this Honorable Court, the above-named accused, with
force and intimidation, with lewd designs and taking advantage of his moral
ascendancy and the tender age of the child, did then and there, willfully/unlawfully
and feloniously, had carnal knowledge of DORY EBIO, his own 11-year old
daughter, against her will and without her valid consent, to her damage and
prejudice.

ISSUE:

W/N Ebio is guilty of raping her daughter.

HELD:
YES, Ebio is proven beyond reasonable doubt guilty of committing a heinous crime
of raping his 11 year-old daughter.

CONSTI PART

There were only 14 Justices in office that time. In the instant case, there
were only 7 members present for the deliberations while the 7 others were on
leave.

TAKEAWAY:

How many justices are needed to constitute a quorum when the Court sits en
banc and there are only fourteen (14) justices in office?

Since this was a capital criminal case, the Court said that
there should be eight members needed to constitute a
quorum. Bernas Primer