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Valenton, Francis Angelo T.

Criminal Law 2


People vs. Agsaoay (G.R. Nos. 132125-26)

Facts: The appellee is the People of the Philippines. The appellant is Santiago Agsaoay, Jr. In the
case at bar, the herein appellant raped his minor daughter twice. The first was on July 15, 1997.
The second one was on July 17, 1997. Being too sick and weak, the victim was not able to resist
the appellant in raping her. The appellant also threatens to kill her and the entire family, should
the victim tried to tell it to other people. Hence, she was not able to shout and resist him. After
the first rape incident, the accused raped her again. This time, the appellant threatens again to kill
her. Dr. Gomez testified that there was laceration in the vagina of the victim. The Regional Trial
Court of Urdaneta Pangasinan found him guilty for two counts of rape.

Issue: Is the appellant guilty for rape.

The Supreme Court said that the testimony of the victim and the physical evidence as presented
to the court are sufficient evidence to hold the appellant guilt for rape. The Supreme Court said
that the trial court is correct in holding the appellant guilty for two counts of qualified rape.