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Table of Contents
PEOPLE vs. EDUARDO SAMPIOR......................2
PEOPLE vs. ROBERTO ABAY.............................2
PEOPLE VS. RODOLFO SUYU..........................2
PEOPLE vs. JERRY NAZARENO.........................3
PEOPLE vs. HENRY GUERRERO........................3
PEOPLE vs. ROMEO SANTOS...........................3
PEOPLE vs. MARIO SANTIAGO.........................3
PEOPLE vs. JOSELITO PASCUA.........................4
PEOPLE vs. RODEL ANTIVOLA.........................4
PEOPLE vs. EDGARDO BARCENA.....................4
PEOPLE vs. LITO MACAPANAS..........................5
PEOPLE vs. MARIANO AUSTRIA........................5
PEOPLE vs. RUSTICO BARTOLINI......................5
PEOPLE vs. SALVADOR ORILLOSA....................6
PEOPLE vs. ALEJANDRO RELLOTA....................6
PEOPLE vs. HIPOLITO PASCUA.........................6
PEOPLE vs RENE SANTOS...............................7
PEOPLE vs. ROMEO G. JALOSJOS.....................7
PEOPLE vs. RENE SIAO....................................8
G.R. No. 117691; March 1, 2000 A child of tender years would blindly follow her "stepfather" who not only
PEOPLE vs. EDUARDO SAMPIOR exercised strong, moral and physical ascendancy over her, but who made
explicit threats on her life should she make any noise.
Around 10:00 o'clock' in the morning, appellant returned to their house G.R. No. 177752; February 24, 2009
alone. He told the two small girls to go downstairs and play. The two
obeyed, leaving only the appellant, the private complainant, and the PEOPLE vs. ROBERTO ABAY
sleeping infant. After private complainant placed her charge in his cradle, FACTS:
appellant suddenly pulled her towards him and began to take off her shirt
and panty. Private complainant resisted and told him that she did not like In December 1999, appellant by means of force and intimidation, commit
that he was doing to her. Appellant persisted in his efforts. He forced her to
sexual abuse and lascivious conduct against the victim, a minor, 13 years
lie down on the floor and removed her panty. The accused then removed
his pants and brief and placed himself on top of her. He held his penis and of age, by then and there kissing her breast and whole body, lying on top of
inserted it into the vagina of the complainant. After a short while, the her and inserting his penis into her vagina, thus succeeded in having
appellant pulled out his genital organ, which emitted a fluid-like substance. carnal knowledge of her, against her will and consent thereafter threatening
He then told complainant to dress up. to kill her should she report the incident, thereby gravely endangering her
ISSUE: survival and normal growth and development, to the damage and prejudice
of the victim.
Whether or not the appellant is guilty of rape.
in People v. Erinia, the Court held that there being no conclusive evidence Whether or not Roberto Abay y Trinidad is guilty of the crime of rape.
of the penetration of the genital organ of the offended party, the defendant
was entitled to the benefit of the doubt, and could only be found guilty of HELD:
frustrated rape. However, later cases have overruled Erinia. The Court held Under Section 5(b), Article III of RA 7610 in relation to RA 8353, if the victim
that the crime of frustrated rape is non-existent in our criminal law. In of sexual abuse is below 12 years of age, the offender should not be
abandoning Erinia, the Court declared that the merest touch of the male prosecuted for sexual abuse but for statutory rape under Article 266-A(1)(d)
organ upon the labia of the pudendum, no matter how slight, consummates of the Revised Penal Code and penalized with reclusion perpetua. On the
the rape. other hand, if the victim is 12 years or older, the offender should be
charged with either sexual abuse under Section 5(b) of RA 7610 or rape
under Article 266-A (except paragraph 1[d]) of the Revised Penal Code.
In this case, the victim was more than 12 years old when the crime was
G.R. No. 130586 ; January 29, 2004 committed against her. The Information against appellant stated that AAA
PEOPLE vs. FRANCISCO BLANCAFLOR was 13 years old at the time of the incident. Therefore, appellant may be
prosecuted either for violation of Section 5(b) of RA 7610 or rape under
FACTS: Article 266-A (except paragraph 1[d]) of the Revised Penal Code.
Mylene recounted that one very early morning sometime during the last
week of July, 1995, her mother, a fish vendor who leaves their home at
dawn everyday, woke her up and asked her to transfer from the floor where G.R. NO. 170191, August 16, 2006
she (Mylene) was sleeping, to the bed where her four-year old brother PEOPLE VS. RODOLFO SUYU
slept. Mylene then transferred and slept on the bed. At around 3:30 or 4:00
that same morning, she was again roused from sleep when she felt FACTS:
appellant on top of her, with his penis already at the entrance of her vagina. On or about January 13, 1996, the ccused, Rodolfo Suyu alias Rudy,
She could not do anything as her hands were pinned against appellants Rommel Macarubbo y Licawan alias Rommel Bariuan, Francis Cainglet y
chest and he was threatening to kill all of them with a gun that was then Gargolla and Willy Suyu, armed with guns and sharp-pointed bladed
just beside him. Appellant went on to push his penis into her vagina, instrument with intent to gain by the use of threat, violence and intimidation
continuing to touch her breast and vagina. of persons, conspiring together and helping one another, take, steal and
ISSUE: carry away against the will of the owner.

Whether or not the accused is guilty of the crime of Rape. On the same occasion of the robbery, the above-named accused, likewise,
armed with their aforesaid arms, with lewd design and by the use of force,
HELD: violence, threat and intimidation, have sexual intercourse with the aforesaid
The force or violence necessary in rape is a relative term that depends not party, Clarissa B. Angeles, against her will.
only on the age, size, and strength of the persons involved but also on their ISSUE:
relationship to each other. In a rape committed by a father against his own
daughter, the formers parental authority and moral ascendancy over the Whether or not the a ccused-appellants are guilty of the crime charged.
latter substitutes for violence or intimidation who, expectedly, would just HELD:
cower in fear and resign to the fathers wicked deeds.
To be convicted of robbery with rape, the following elements must concur:
(1) the taking of personal property is committed with violence or
intimidation against persons; (2) the property taken belongs to another; (3)
the taking is characterized by intent to gain or animus lucrandi; (4) the It is a settled rule that the force contemplated by law in the commission of
robbery is accompanied by rape.[90] rape is relative, depending on the age, size strength of the parties. It is not
necessary that the force and intimidation employed in accomplishing it be
The intent to rob must precede the rape. In robbery with rape, the intention
so great and of such character as could not be resisted; it is only
of the felony is to rob and the felony is accompanied by rape. The rape
necessary that the force or intimidation be sufficient to consummate the
must be contemporaneous with the commission of the robbery. We note
purpose which the accused had in mind.
that aside from raping the victim, appellant Rodolfo Suyu inserted his finger
in her sexual organ. Appellant Suyu, thus, committed sexual assault as By itself, the act of holding a knife is strongly suggestive of force or at least
defined and penalized in Article 266-A, paragraph 2 of Republic Act No. of intimidation, more so if the knife was directed at a minor, as in this case.
8353.[91] Also, aside from Rodolfo Suyu, Cainglet raped the victim. Clearly, AAA could not be expected to act with equanimity and with nerves
Nevertheless, there is only one single and indivisible felony of robbery with of steel, or to act like an adult or a mature and experienced woman who
rape and any crimes committed on the occasion or by reason of the would know what to do under the circumstances, or to have the courage
robbery are merged and integrated into a single and indivisible felony of and intelligence to disregard the threat. Under the circumstances obtaining
robbery with rape. in this case, the overt acts of the appellant were sufficient to bring AAA into

G.R. No. 167756; April 8, 2008

G.R. No. 137993; April 11, 2002
Accused directed AAA to crouch on the floor and raise her buttocks (baka-
bakahan). While in that position, appellant removed the girl's short pants FACTS:
and underwear. He then proceeded to remove his own undergarments.
On or about the third week of December, 1997 in Pasig City, the accused
Subsequently, appellant forcibly entered AAA from behind, inserting his
being a grandfather, a relative by consanguinity within the third civil degree,
penis into the girl's vagina. She was seven.
had sexual intercourse with Julie Ann Gutierrez, a minor, six years old,
ISSUE: against her will and consent.
Whether or not appellant Jerry Nazareno is guilty of two counts of qualified ISSUE:
The accused, Romeo Santos, guilty of the crime of rape, aggravated by the
HELD: fact that the victim was the accuseds minor granddaughter.
The Court found that appellant is guilty of two qualified rapes, instead of HELD:
multiple rapes under Criminal Case No. 2650, and only one qualified rape,
The Court found the appellant guilty beyond reasonable doubt of rape.
not multiple, under Criminal Case No. 2638. The legal basis for conviction
Under Article 335 of the Revised Penal Code, as amended, rape is
for as many offenses as are charged and proved is Section 3, Rule 120 of
committed by having carnal knowledge of a woman and the death penalty
the 2000 Rules of Criminal Procedure.
shall be imposed if the crime of rape is committed when the victim is under
This Court cannot thus sustain the conviction of accused-appellant for 29 eighteen years of age and the offender is a parent, ascendant, stepparent,
counts of rape because only two incidents were sufficiently proven by the guardian, relative by consanguinity or affinity within the third civil degree, or
prosecution. While we do not doubt that she was raped on other dates, we the common-law spouse of the parent of the victim.
cannot ascertain the exact number of times she was actually raped. It must
The prosecution adequately established the fact that the victim, Julie Ann
be remembered that each and every charge of rape is a separate and
Gutierrez, was only six years old at the time of the rape. That she was only
distinct crime so that each of the 27 other alleged incidents of rape charged
six then and that appellant is her grandfather are properly alleged in the
should be proven beyond reasonable doubt. If, as complainant claimed, the
number could be more, the possibility that it could be much less than 27
cannot be discounted.
G.R. No. 129339; December 2, 1999
G.R. No. 170360; March 12, 2009 PEOPLE vs. MARIO SANTIAGO
FACTS: Between 12:00 to 12:30 in the early morning of July 7, 1994, complainant
Michelle Mana was in bed with her daughter, then aged one year and
On or about the 30th day of May, 1998, the accused by means of force and
seven months when she heard a noise downstairs. She went downstairs
intimidation, touched the victims private part, a minor 13 years of age,
and noticed that the back door of their house was left open. Thinking it was
removed her panty and inserted his index finger on her vagina and
her husband, she called to him but when no one answered, she returned
thereafter have carnal knowledge with the undersigned complainant
upstairs and saw the accused follow her. Michelle screamed, and tried to
against her will and without her consent.
grab something by which she can defend herself. Accused-appellant,
ISSUE: however, poked a "lingkaw", or scythe, on her neck and pinned her against
the wall with his left hand. Michelle's daughter woke up and cried.
Whether or not the accused Henry Guerrero Agripa is guilty of the Crime of
Accused-appellant ordered Michelle to pet the child from the bed and place
her on the floor, which she heeded. With the scythe still pointed at her
HELD: neck, accused-appellant ordered the victim to remove her walking shorts
and underwear and when she resisted, threatened to kill her and her G.R. No. 139236; February 3, 2004
daughter. Accused-appellant started kissing her, then went on top of her
and performed the sexual act for about five minutes.
In the afternoon of December 4, 1997, Rachel, together with three other
Whether or not the accused Mario Santiago alias "Payo" is guilty of the
children, were playing outside. Rachel saw the appellant Rodel (Bungi)
crime of Rape.
Antivola feeding the fishes in the nearby fishpond. The appellant
HELD: approached Rachel and asked her to go with him inside his house, telling
her that they would play another game. Unsuspecting, she acceded and
The Court enumerated three settled principles in the review of rape cases:
went with the appellant.
(1) an accusation of rape can be made with facility and while the
accusation is difficult to prove, it is even more difficult for the person Once inside the house, the appellant removed Rachels shorts and touched
accused, though innocent, to disprove the charge; (2) considering that, in her private parts. She cried, but the appellant was unmoved. He brought
the nature of things, only two persons are usually involved in the crime of out his penis and inserted it into Rachels vagina, causing the child
rape, the testimony of the complainant should be scrutinized with great excruciating pain.
caution; and (3) the evidence for the prosecution must stand or fall on its
own merits, and cannot be allowed to draw strength from the weakness of
the evidence for the defense. Whether or not the accused-appellant is guilty of the crime of rape.
The Court affirmed the trial court's finding upholding the credibility of the HELD:
testimony of complainant Michelle Mana and agree that her accusations
bore no apparent ulterior motive other than to tell the truth and seek justice In reviewing rape cases, this Court is guided by three principles: (1) an
accusation of rape can be made with facility and while the accusation is
for herself. Her positive identification of accused-appellant as the
difficult to prove, it is even more difficult for the person accused, although
perpetrator of the rape is well-taken, her vision during the incident having
innocent, to disprove; (2) considering the intrinsic nature of the crime, only
been aided by the light of a "lampara" and also because she knew
two persons being usually involved, the testimony of the complainant
accused-appellant for quite sometime. We also find entirely plausible the
should be scrutinized with great caution; (3) the evidence for the
fear which forced her to succumb to accused-appellant's heinous wishes,
prosecution must stand or fall on its own merit, and cannot be allowed to
as her life and even her daughter's were being threatened.
draw strength from the weakness of the evidence for the defense.
Rachels testimony says it all. It is marked by spontaneity, honesty and
G.R. No. 151858; November 27, 2003 sincerity. When a woman, more so if she is a minor, says that she has
been raped, she says in effect all that is necessary to show that rape was
committed. Youth and immaturity are generally badges of truth and
FACTS: sincerity. In rape cases, the testimony of the victim alone, if credible, is
sufficient to convict the accused of the crime.
Sometime in August, 2000, complainant Alma Agapay, a 22-year old
mental retardate, was on the railroad tracks near their house at Daang
Bakal, Public Market, San Pablo City when appellant approached her and
G.R. No. 168737; February 16, 2006
said, "I dont know you but I know your mother." He then pulled Alma and
brought her inside an old abandoned train car. He tied her hands above her PEOPLE vs. EDGARDO BARCENA
head and made her lie down on the floor covered with a flattened carton
box. He removed her dress and panties, after which he also undressed.
While holding a knife with his right hand, he kissed her then inserted his At 10:00 oclock in the morning of April 10, 1997, she was alone in their
penis into her vagina, causing it to bleed. Alma felt pain. She shouted and house when appellant suddenly embraced her from behind and dragged
tried to fight back but her efforts were in vain since she could not move her her towards the bedroom despite her vigorous attempts to free herself from
right arm due to a stroke she suffered before. his clutches. Appellant repeatedly slapped Estrella, forcibly stripped her of
her clothing, mounted her and then inserted his penis into her vagina.
Whether or not appellant Joselito Pascua is of the crime of rape.
Whether or not the appellant Edgardo Barcena is guilty beyond reasonable
doubt of the crime of qualified rape.
Rape is punishable by reclusion perpetua, pursuant to Article 266-B of the
Revised Penal Code. The mental condition of the victim cannot be
appreciated to aggravate the crime and to warrant the death penalty. Under A certificate of live birth is a public record in the custody of the local civil
Article 266 (10) of the Revised Penal Code, the rape shall be qualified registrar who is a public officer. Clearly, therefore, the presentation of the
"when the offender knew of the mental disability, emotional disorder and/or photocopy of the birth certificate of Alpha Jane is admissible as secondary
physical handicap of the offended party at the time of the commission of evidence to prove its contents. Production of the original may be dispensed
the crime." Being in the nature of a qualifying circumstance, this should be with, in the trial courts discretion, whenever in the case at hand the
specifically alleged in the Information. The allegation therein of the mental opponent does not bona fide dispute the contents of the document and no
disability of the victim is insufficient. What should be alleged is the other useful purpose will be served by requiring production.
knowledge by the offender of such mental disability. Thus, appellant can
only be convicted of simple rape. In the case at bar, the defense did not dispute the contents of the
photocopied birth certificate; in fact it admitted the same. Having failed to
raise a valid and timely objection against the presentation of this secondary
evidence the same became a primary evidence, and deemed admitted and such burden, inasmuch as the very testimony of Dr. Wilma Flores-Peralta
the other party is bound thereby. repudiates the claim that accused-appellant could not have performed the
sexual act.
The prosecution sufficiently proved that Estrella was 15 years old when
she was raped on April 10, 1997 by the appellant who was the common- Assuming that accused-appellant was 82 years old as he claimed he was
law spouse of her mother. at the time of the commission of the crime, his advanced age does not ipso
facto mean that sexual intercourse is no longer possible, as age is not a
criterion taken alone in determining sexual interest and capability in middle-
G.R. No. 187049; May 4, 2010 aged and older people.
FACTS: G.R. No. 179498; August 3, 2010
A student of Eastern Samar State Agricultural College was grabbed by PEOPLE vs. RUSTICO BARTOLINI
appellant, armed with a bladed weapon locally known as sundang.
Appellant poked the sundang on her side and pulled her towards an
uninhabited house with the knife. During the trial, CCC testified that sometime in March 1994, her daughter
BBB confided to her that she was raped by appellant. She just kept silent
Inside, appellant grabbed her skirt and forcibly removed the buttons to
about the incident for fear that her husband will maul her when confronted.
open her skirt. Appellant then pushed her to the floor where he removed
AAA also reported to her that she was raped by her father sometime in
her panty. He mounted her and succeeded in having intercourse with her.
1995. In one (1) instance, CCC even saw appellant touching AAAs vagina
After satisfying his lust, appellant allowed AAA to put on her. With appellant
while the two (2) were inside their kitchen. She got angry and told her
behind her, AAA walked back towards the waiting shed.
parents-in-law about the incident, but the latter replied that she has no
When AAA saw plenty of people on the road, she shouted for help. other evidence to prove her accusation. CCC also testified that appellant,
Appellant then stabbed her at the back and fled. AAA was brought to the despite being an elected barangay kagawad, was a drunkard, violent and
Southern Samar General Hospital where she was confined for 9 days. an irresponsible individual. She added that she had received a letter from
appellant threatening to kill them.
Whether appellants guilt for the crime of rape has been proven beyond
reasonable doubt. Whether or not the accused rustico bartolini is guilty beyond reasonable
doubt of the crime of rape.
For one to be convicted of qualified rape, at least one of the
aggravating/qualifying circumstances mentioned in Article 266-B of Settled is the rule that when the issue is one (1) of credibility of witnesses,
the Revised Penal Code, as amended, must be alleged in the Information appellate courts will generally not disturb the findings of the trial courts
and duly proved during the trial. considering that the latter are in a better position to decide the question as
they have heard the witnesses and observed their deportment and manner
In the case at bar, appellant used a sharp-pointed bolo locally known of testifying during the trial. It is for this reason that the findings of the trial
as sundang in consummating the salacious act. This circumstance was court are given the highest degree of respect.
alleged in the Information and duly proved during trial. Being in the nature
of a qualifying circumstance, "use of a deadly weapon" increases the How the victims managed to endure the bestial treatment of their father to
penalties by degrees, and cannot be treated merely as a generic them for four (4) long years, with one (1) even having to live with the
aggravating circumstance which affects only the period of the penalty. This shame of siring an offspring from her very own father, should not be taken
so-called qualified form of rape committed with the use of a deadly weapon against them. Children of tender age have natural respect and reverence
carries a penalty of reclusion perpetua to death. for their loved ones. More often than not, they would try to keep to
themselves if anything unnatural was committed against them, especially if
the offender is one (1) of their relatives. A father is known to have a strong
G.R. No. 123539; June 27, 2000 natural, cultural and psychological hold upon his child.
FACTS: G.R. Nos. 148716-18, July 07, 2004
On or about the 22nd day of November 1994, the accused-appellant PEOPLE vs. SALVADOR ORILLOSA
Mariano Austria armed with a scythe, taking advantage of his superior FACTS:
strength, by means of force and intimidation, had sexual intercourse with
Prescila G. de Vera against her will, to her damage and prejudice. Sometime in December 1997, while Andrelyn Orillosa was on the ground
floor of their house, her father, appellant Salvador Orillosa, called her
ISSUE: upstairs. Appellant closed the door of the room and mashed his daughters
Whether or not the accused-appellant Mariano Austria is guilty of the crime breasts. Appellant then ordered Andrelyn to lie down on the floor, then he
of rape defined and penalized under Art. 335 of the Revised Penal Code. removed her t-shirt and pulled down her short pants. He mounted the
victim and tried to force his penis into her daughters genitalia. Despite his
HELD: efforts, appellant failed to fully penetrate the organ of Andrelyn.
In rape cases, impotency as a defense must be proven with certainty to On July 27, 1999, appellant entered Andrelyns room and carried her to the
overcome the presumption in favor of potency. Under the present ground floor. There, he took off her clothing, and laid her on the floor. He
circumstances, the evidence proffered by the defense failed to discharge
then straddled her, and kissed her repeatedly on the neck. After undressing In People v. Bon: The elements of the crime of acts lasciviousness are: (1)
himself, he forced his penis into her vagina, but only a portion thereof that the offender commits any act of lasciviousness or lewdness; (2) that it
penetrated Andrelyns organ. is done: (a) by using force and intimidation or (b) when the offended party
is deprived of reason or otherwise unconscious, or (c) when the offended
party is under 12 years of age; and (3) that the offended party is another
Whether or not the accused guilty beyond reasonable doubt of two (2) person of either sex.
counts of rape.
The alternative circumstance of relationship under Article 15 of the Revised
GR NOS. 128159-62, July 14, 2003
Penal Code should be appreciated against appellant. In crimes of chastity
such as acts of lasciviousness, relationship is considered as aggravating. PEOPLE vs. HIPOLITO PASCUA
Inasmuch as it was expressly alleged in the information and duly proven
during trial that the offended party is the daughter of appellant, relationship,
therefore, aggravated the crime of acts of lasciviousness.
On August 6, 1995, private complainants were playing near the house of
On the matter of force or intimidation, we have ruled that in incestuous the appellant when the latter called Liza and instructed her to buy juice at
rape of a minor, actual force or intimidation need not even be employed
the store. Liza obeyed. After she returned from the store, the appellant
where the overpowering moral influence of appellant, who is private
complainants father, would suffice. The moral and physical dominion of ordered Liza to go inside his house and lie down on the floor. Appellant
the father is sufficient to cow the victim into submission to his beastly then removed Lizas pants and underwear, went on top of her, inserted his
desires. The instant case is no exception. Appellant took advantage of his penis into her vagina and made push and pull movements. Liza tried to
overpowering moral and physical ascendancy to unleash his lechery upon scream but appellant threatened to kill her.
his daughter.
The same thing happened on January 27, 1996 when Liza was called by
G.R. No. 168103; August 3, 2010 the appellant as she was passing by his house. Once Liza was inside, she
PEOPLE vs. ALEJANDRO RELLOTA was forced to lie down by the appellant who then removed her pants and
underwear. Appellant went on top of Liza and inserted his penis into her
vagina before making push and pull movements.
Based on the testimony of the victim, appellant had been kissing her and
Lizas twin sister, Anna, suffered the same fate at the hands of the
touching her private parts since September 1993. She claimed that
appellant raped her several times between September 1993 and January
1994. She narrated that appellant would usually rape her at night when the
other members of the family were either out of the house or asleep.
Appellant, according to her, would usually place a bolo beside him Whether the accused is guilty of the crime of rape or it should only be
whenever he would rape her. She added that appellant would threaten the simple seduction.
victim by telling her that he would kill her brother and sister and that he HELD:
would stop sending her to school.
No young child in her right mind will consent to have sexual intercourse
with a 65-yr-old man, specially one whom she considers her grandfather.
Around noon of December 20, 1993, the victim took a bath at an artesian The appellant desperately tries to portray private complainants as sex-
well near their house and after bathing, she wrapped her body with a towel starved maniacs who, at the tender age of 12, persistently demanded sex
before going inside their house. Appellant followed her to the bedroom, with him. Further, his story that private complainants would even go naked
pulled down her towel and laid her on the bed. He tied her hands with a on top of him was nothing but a yarn that offends sensibilities and Filipino
rope before forcibly inserting his penis inside her vagina. values. Indeed, after admitting that he had carnal knowledge of private
complainants on several occasions, the appellant assumed the burden of
proving his defense by substantial evidence.
Indeed, physical resistance need not be established in rape when, as in
Whether appellant Alejandro Rellota is guilty of the crime of attempted rape this case, intimidation was used on the victim and she submitted to the
or acts of lasciviousness. rapists lust for fear of her life or her personal safety. Jurisprudence holds
HELD: that even though a man lays no hand on a woman, yet, if by an array of
physical forces, he so overpowers her mind that she does not resist or she
Appellants act of removing the towel wrapped in the body of AAA, laying ceases resistance through fear of greater harm, the consummation of
her on the sofa and kissing and touching her private parts does not unlawful intercourse by the man is rape. Without question, the prosecution
exactly demonstrate the intent of appellant to have carnal knowledge of was able to prove that force or intimidation was actually employed by the
AAA on that particular date; thus, dismissing the mere opinion and appellant on the two victims to satisfy his lust.
speculation of AAA, based on her testimony, that appellant wanted to rape
her. Even so, the said acts should not be left unpunished as the elements
of the crime of acts of lasciviousness, as defined in the Revised Penal
Code, in relation to Section 5, Article III of Republic Act (R.A.) No.
7610, AAA, being a minor when the incident happened, are present.
GR NO. 172322, September 08, 2006 Against Women and Their Children Act of 2004, and its implementing rules,
and our own Rule on Violence Against Women and their Children.
Whether or not the name of the victim should not be disclosed.
Sometime between July 17 and 23, 1999, AAA was playing at the northern HELD:
portion of a Bridge, when she was taken by appellant and brought to his
Taking all the opinions of Office of the Solicitor General (OSG), the
house, which is about one kilometer away from AAAs residence. While
Integrated Bar of the Philippines (IBP), National Press Club (NPC),
inside the house, appellant took off the clothes of AAA and had sexual Philippine Press Institute (PPI), Kapisanan ng mga Brodkaster sa Pilipinas
intercourse with her. The victim felt pain and her vagina bled. (KBP) and the Department of Social Welfare and Development (DSWD)
into account and in view of recent enactments which unequivocally express
After a complaint was lodged with the barangay and the police authorities, the intention to maintain the confidentiality of information in cases involving
AAA was brought to the Jose B. Lingad Memorial Regional Hospital in San violence against women and their children, in this case and henceforth, the
Fernando, Pampanga, where she was examined. The Medico Legal O.B. Court shall withhold the real name of the victim- survivor and shall use
fictitious initials instead to represent her.
Gyne Report indicated multiple superficial healed lacerations. The victim,
who was already six years old when she testified in court, positively Likewise, the personal circumstances of the victims-survivors or any other
identified the appellant during the trial and testified on the affidavit she information tending to establish or compromise their identities, as well
those of their immediate family or household members, shall not be
executed before the police officers of xxx, Pampanga.

Whether or not appellant Rene Santos is guilty of the crime of rape. GR NOS. 132875-76, November 16, 2001


Given the foregoing factual, legal and jurisprudential scenario, we agree
with both the trial and appellate courts that the appellant is guilty asThe victim of rape in this case is a minor below twelve (12) years of age.
charged. He was, likewise, correctly meted the penalty of death because As narrated by her, the details of the rape are mesmerically sordid and
rape committed against a child below seven (7) years old is a dastardly
repulsive. The victim was peddled for commercial sex by her own guardian
and repulsive crime which merits no less than the imposition of capital whom she treated as a foster father. Because the complainant was a
punishment under Article 266-B of the Revised Penal Code. That the willing victim, the acts of rape were preceded by several acts of
victim was only five years old when she was ravished is clear from her birth
lasciviousness on distinctly separate occasions. The accused is also a
certificate. most unlikely rapist. He is a member of Congress. Inspite of his having
been charged and convicted by the trial court for statutory rape, his
However, with the passage of Republic Act No. 9346 entitled An Act constituents liked him so much that they knowingly re-elected him to his
Prohibiting The Imposition Of The Death Penalty In The Philippines, the congressional office, the duties of which he could not perform.
penalty that should be meted is reclusion perpetua, thus:
SEC. 2. In lieu of the death penalty, the following shall be imposed: Whether or not the accused-appellant is guilty of 2 counts of statutory rape.
(a) the penalty of reclusion perpetua, when the law violated makes use of
the nomenclature of the penalties of the Revised Penal Code; or
Rape is a technical term, the precise and accurate definition of which
could not have been understood by Rosilyn. Indeed, without the assistance
(b) the penalty of life imprisonment, when the law violated does not make
of a lawyer, who could explain to her the intricacies of rape, she expectedly
use of the nomenclature of the penalties of the Revised Penal Code.
could not distinguish in her affidavits and consequently disclose with
proficient exactitude the act or acts of accused-appellant that under the
contemplation of law constitute the crime of rape. This is especially true in
GR NO. 167693, September 19, 2006 the present case where there was no exhaustive and clear-cut evidence of
PEOPLE vs. CORONA, MELCHOR CABALQUINTO full and complete penetration of the victims vagina. It may well be that
Rosilyn thought, as any layman would probably do, that there must be the
fullest penetration of the victims vagina to qualify a sexual act to rape.
This case presents an opportunity for the Court not only to once again
dispense due requital for the sufferings of a child who has been defiled by In People v. Campuhan, we ruled that rape is consummated by the
her own father, but also to effectuate the provisions of Republic Act No.
slightest penetration of the female organ, i.e., touching of either labia of the
7610 (RA 7610), otherwise known as the Special Protection of Children
Against Child Abuse, Exploitation and Discrimination Act, and its pudendum by the penis. There need not be full and complete penetration
implementing rules, RA 9262, otherwise known as the Anti-Violence of the victims vagina for rape to be consummated. There being no showing
that the foregoing technicalities of rape was fully explained to Rosilyn on all undersigned, Estrella Raymundo, a minor, 14 years old, against the latters
those occasions that she was interviewed by the police, the NBI agents will.
and DSWD social workers, she could not therefore be expected to ISSUE:
intelligibly declare that accused-appellants act of pressing his sex organ
Whether the accused-appellants are guilty of the crime of rape.
against her labia without full entry of the vaginal canal amounted to rape.
Accused-appellant was held guilty of rape with the use of a deadly weapon,
GR NO. 126021, March 03, 2000 which is punishable by reclusion perpetua to death. But the trial court
overlooked and did not take into account the aggravating circumstance of
PEOPLE vs. RENE SIAO ignominy and sentenced accused-appellant to the single indivisible penalty
of reclusion perpetua. It has been held that where the accused in
committing the rape used not only the missionary position, i.e. male
On or about the 27th day of May, 1994, the accused, Accused-appellant superior, female inferior but also the dog position as dogs do, i.e. entry
Rene Siao together with Reylan Gimena, conniving and confederating from behind, as was proven like the crime itself in the instant case, the
together and mutually helping each other, with deliberate intent and with aggravating circumstance of ignominy attended the commission thereof.
force and intimidation upon person, had carnal knowledge with the