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Valenton, Francis Angelo T.

Criminal Law 2


People vs. Jalosjos (G.R. Nos. 132875-76)

Facts: The plaintiff-appellee is the People of the Philippines. The accused-appellant is Romeo
G. Jalosjos. In the case at bar, the herein appellant is a Congressman. The offended woman was a
minor below 12 years of age at the time of the commission of the rape. The acts of rape was
committed in a condominium unit owned by the appellant. There were two counts of rape that
was committed, and one count of acts of lasciviousness all in separate and different dates and
occasions. On one instance of said felonious acts, the victim cried out and said “tama na po.” But
the herein appellant continued. After each sexual and lascivious act, the appellant would promise
her that he could make her a movie star. Also, in several instances, he would give money to the
victim. Dr. Aranas of Camp Crame showed a result that the vagina of the victim Is in non-virgin
state physical. However, no external signs of application of any form of violence were seen. The
Regional Trial Court of Makati found him guilty of statutory rape on two counts and acts of
lasciviousness on six counts.

Issue: Is the appellant guilty of said crime.

Held: The Supreme Court said that the appellant cannot use the defense that the victim was a
prostitute. It is for the reason that even if the victim was a prostitute, any sexual intercourse
committed with a person below 12 years of age is rape. In the case, it was proven by sufficient
evidence that at the time of the sexual intercourse, the victim was below 12 years of age.