LAARNI K.

ORTIZ
ED 613 (Personel Management)

CASE DIGEST NO. 1

Republic of the Phillipines
People of the Philippines vs. Martin T. Abranica, Accused-appellant

FACTS:
On September 29, 2019 the accused was charge for qualified rape.
The alleged crime of qualified rape was committed by the accused against
Ellen A. Cuevas.

That on or about Septembet 15, 2019 at around 4:30 in the afternoon

at Balahinan Elementary School, the above-named accused—the class
adviser of Ellen Cuevas, Grade VI-Manggo of the said school—motivated
by lust and lewd designs, through force and intimidation, did then and
there willfully, unlawfully and feloniously have carnal knowledge on one
Ellen A. Cuevas, a 12-year old minor and a Grade VI pupil, against the
latter’s will.

That the aggravating circumstances of minority and relationship, the

victim being then 12-year old minor and niece of the accused, are attendant
in the commission of the offence.

ISSUE:
Whether or not the accused should be convicted of qualified rape?

RULLING:
Yes, Under Article 266-B of the Revised Penal Code, the Crime of
rape is qualified when the victim is under eighteen (18) years of age and the
offender is a parent, ascendant, stepparent, guardian, relative by
consanguinity or affinity within the third civil degree, or the common-law
spouse of the parent of the victim. The minority of a rape victim and her
relationship, being the uncle of the victim, the accused-appellant qualified
the charge of rape.