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Valenton, Francis Angelo T.

Criminal Law 2

1S

People vs. Oga (G.R. No. 152302)

Facts: The appellee is the People of the Philippines. The appellant is Jose Oga. In the case at bar,
on the evening of August 9, 1998 at around 2:00 a.m., Ignacio and his wife were suddenly
awakened by the loud banging of corrugated GI sheet. They then approached where the noise
was coming from. There they saw Ignacio’s co-worker, herein appellant, naked on top of their
daughter, Irene, who was also naked. Irene recalled that the herein appellant suddenly pulled her
and laid her on a wooden bed. The said appellant took off her pants and panty, as well as his
clothes and thus inserted his penis into her vagina. At around 2am, she was finally able to kick
the GI sheet, causing the noise which awakens Ignacio and wife. The herein appellant was
charged with rape as evidenced by the examination by Dr. Villena. The RTC of Malabon
rejected the appellant’s defense of sweetheart theory and convicting the appellant for rape.

Issue: Is the appellant guilty of rape.

Held: The Supreme Court said that based on the testimony of the appellant and the offended
party, no force or intimidation was employed by the appellant. Hence, no physical force was
used to quell Irene’s alleged resistance. Her mouth was not covered nor stuffed with any object.
The only thing she cannot do is to move around. Since, there is lack of force and intimidation,
the herein appellant cannot be held guilty of the crime of rape.