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Facts:
That on or about January 17, 2005 at around 6:00 o’clock (sic) in the
morning at [XXX] and within the jurisdiction of this Honorable Court, the
above-named accused, motivated by lust and lewd designs, through force
and intimidation, did then and there willfully, unlawfully and feloniously have
carnal knowledge on one [AAA], a 12-year old minor, against the latter’s
will.
That the aggravating circumstances of minority and relationship, the
victim being then a 12-year old minor and daughter of the accused, are
attendant in the commission of the offense. 5
ISSUE:
Ruling:
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 father of the victim, the accused-appellant qualified
the charge of rape.
Case No. 2
Facts:
Accused-appellant and his wife, KKK, were married on October 18, 1975.
5
They Ii ved together since then and raised their four (4) children as they
6
Issue:
Held:
the definition of rape in Section 1 of R.A. No. 8353 pertains to: (a) rape, as
traditionally known; (b) sexual assault; and (c) marital rape or that where
the victim is the perpetrator's own spouse. The single definition for all three
forms of the crime shows that the law does not distinguish between rape
committed in wedlock and those committed without a marriage. Hence, the
law affords protection to women raped by their husband and those raped
by any other man alike.
Case No.4
FACTS:
On May 5, 2004, the accused Pareja was charged for the crime of rape by sexual
assault. The alleged crime of qualified rape was committed by the accused
against AAA.
Bernabe Pareja y Cruz, being the common law spouse of the minor victim’s mother,
through force, threats and intimidation, did then and there wil[l]fully, unlawfully
and feloniously commit an act of sexual assault upon the person of [AAA 3 ], a minor
13 years of age, by then and there mashing her breast and inserting his finger
inside her vagina against her will.
ISSUE:
HELD:
Yes, Under section 2 of Republic Act No. 8353 or the Anti–Rape Law of 1997,
Rape is committed by
any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall
commit an act of sexual assault by inserting his penis into another person’s mouth or
anal orifice, or any instrument or object, into the genital or anal orifice of another
person.
FACTS:
On March 20, 2011, the accused-appellant was charged for qualified rape.
The alleged crime of qualified rape was committed by the accused against
AAA.
Roel Vegara y Clavero, being the common law spouse of the minor victim’s
mother, , with force and intimidation, did, then and there, willfully, unlawfully
and feloniously had carnal knowledge with a minor, 9 years of age, [AAA],
without her consent and against her will.
ISSue:
Held:
Yes, Rape under paragraph 3 of article 266 of the Revised Penal Code is
termed statutory rape as it departs from the usual modes of committing
rape. What the law punishes in statutory rape is carnal knowledge of a
woman below twelve (12) years old. Thus, force, intimidation and physical
evidence of injury are not relevant considerations; the only subject of
inquiry is the age of the woman and whether carnal knowledge took place.
The law presumes that the victim does not and cannot have a will of her
own on account of her tender years; the child’s consent is immaterial
because of her presumed incapacity to discern good from evil.
In the case at bar, the prosecution was able to establish beyond reasonable
doubt that accused-appellant had carnal knowledge of AAA in the afternoon
of September 12, 2004, when AAA was just nine years old.
Case No. 6
Facts:
On April 22, 2005, the accused Mervin Gahi, was charged for the crime of rape
defined under Article 266–A of the Revised Penal Code.
the above–named accused, with deliberate intent and with lewd designs and by use
of force and intimidation, armed with a knife, did then and there willfully, unlawfully
and feloniously had carnal knowledge with (sic) [AAA 3 ] against her will and a
16[–]year old girl, to her damage and prejudice. 4
Issue:
Whether or not the accused is guilty of rape
Held:
Yes, Article 266–A of the Revised Penal Code defines when and how the felony of
rape is committed, to wit: chanRoble svirtualLawlibrary
Rape is committed –
1) By a man who shall have carnal knowledge of a woman under any of the
following circumstances: chanRoblesvirtualLa wlibrary
(d) When the offended party is under twelve (12) years of age or is demented,
even though none of the circumstances mentioned above be present.
Facts:
the petitioner was caught in flagrante delicto while in the act of delivering
1.15 grams and in actual possession of another 10.78 grams of
methamphetamine hydrochloride (shabu) as a result of an entrapment
operation conducted by the police on the basis of information received from
Benito Marcelo regarding petitioner's illegal drug trade. The petitioner was
arrested upon the subsequent seizure of a bag of shabu inserted inside the
cover of her checkbook that was justified and legal in light of the prevailing
rule that an officer making an arrest may take from the person arrested any
property found upon his person in order to find and seize things connected
with the crime.
ISSUE:
HELD:
Yes, Under section 15 Article III of Republic Act No. 6425, also
known as the Dangerous Drugs Act of 1972, as amended by Republic Act
No. 7659.in order To secure a conviction for illegal sale of dangerous
drugs, like shabu, the following essential elements must be duly
established: (1) identity of the buyer and the seller, the object, and
consideration; and (2) the delivery of the thing sold and the payment
therefor. Succinctly, the delivery of the illicit drug to the poseur-buyer, as
38
In the case at bench, the prosecution was able to establish the above-
enumerated elements beyond moral certainty.
Case No.8 :
FACTS:
The accused-appellant, Lumaho was charged with one count of the crime
of qualified rape under Art. 266-A and B of the Revised Penal Code as
amended in relation to Republic Act No. 7610.
the time of the commission of the offense and a daughter of the accused,
against her will and consent.3
ISSUE:
HELD:
FACTS:
On October 25 2008,the accused-appellant, Edward Adriano y Sales, without
being authorized by law, sell, deliver, and give away to a poseur buyer, zero point
twelve (0.12) gram of a white crystalline substance, commonly known as "shabu"
which is a dangerous drug, in consideration of the amount of Two Hundred Pesos
(Php200.00) and was charged for for the crime of illegal sale of shabu punishable
under Section 5, Article II of the Republic Act No. 9165 (R.A. No. 9165), otherwise
known as Comprehensive Dangerous Drugs Act (CDDA) of 2002.
ISSUE:
HELD:
Yes, In prosecutions for illegal sale of dangerous drugs, the following two
(2) elements must be duly established: (1) proof that the transaction or sale took
place; and (2) the presentation in court of the corpus delicti or the illicit drug as
evidence.11
In the case at bar, the prosecution duly established the two (2) elements: (1) to
account that the transaction or sale indeed took place, PO1 Morales narrated the
transaction in a clear and direct manner; and (2) the seized illegal drugs and
marked money were presented before the trial court as proof of the identity of the
object of the crime and of the corpus delicti.12
Case No.10 : people v andaya
FACTS:
On December 16, 2002 at Brgy. San Jose Sico, Batangas City, the accused-
appellant, PABLITO ANDAYA Y REANO, was alleged not being authorized by law, did
then and there, willfully, unlawfully and feloniously, sell, dispense or deliver, more
or less 0.09 gram(s) of Methamphetamine Hydrochloride (shabu), a dangerous drug
and was charged for for the crime of illegal sale of shabu punishable under Section
5, Article II of the Republic Act No. 9165 (R.A. No. 9165), otherwise known as
Comprehensive Dangerous Drugs Act (CDDA) of 2002.
ISSUE:
HELD:
Case No.11 :
FACTS:
On April 29, 2006 at 2:30 o'clock in the morning, more or less, at Capitol
Avenue, near Gaisano Mall, Butuan City, Philippines, and the accused-appellant
accused, conspiring and confederating together and mutually helping one another,
with intent to kill, evident premeditation, and abuse of superior strength, did then
and there willfully, unlawfully, and feloniously, attack and stab one MAXIMILLIAN
CASONA Y LACROIX, with the use of an ice pick, hitting the latter at his left breast
and left portion of his stomach, which directly caused his death.
ISSUE:
HELD:
ISSUE:
HELD:
the victim does not and cannot have a will of her own on account of her
tender years; the child’s consent is immaterial because of her presumed
incapacity to discern good from evil. In the case at bench, AAA, while
19
ISSUE:
HELD:
his house and without any justifiable reason, accused detained and
deprived her of her liberty for a period of twenty eight (28) [sic] days; that
while she is being detained accused ROSENDO AMARO had carnal
knowledge of said AAA all committed against her will. The accused-
appellant was charged with the crime of forcible abduction with rape.
The accused- Appellant pleaded not guilty for the crime charged.
ISSUE:
HELD:
In the case at bar, At her tender age, AAA could have easily been
deceived by appellant. The employment of deception suffices to constitute
the forcible taking, especially since the victim is an unsuspecting young girl.
It is the taking advantage of their innocence that makes them easy culprits
of deceiving minds. The presence of lewd designs in forcible abduction is
11
age, by means of force and intimidation, did then and there wilfully,
unlawfully and feloniously have carnal knowledge of the complainant
against her will and consent.
ISSUE:
HELD:
case at bar, according to "AAA," every time appellant will have sexual
intercourse with her, he would issue threats that he would kill her, her
mother and grandmother.
ISSUE:
HELD:
FACTS:
ISSUE:
HELD:
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 common law spouse of the mother of the victim, the
accused-appellant qualified the charge of rape.
Case No.18: people v Traigo
FACTS:
In its July 16, 2009 decision, the RTC convicted the accused-
appellant, Fred Traigo of the crime qualified rape for the sexual abuse
committed against AAA September 2004,. It found credible AAA’s testimony
that the appellant inserted his penis into her vagina and her testimony was
corroborated by the Initial Medico-Legal Report showing that she suffered
deep-healed hymenal lacerations. The CA also ruled that the exact date of
the rape is immaterial, and that AAA’s delay in reporting the incident of rape
was understandable since the appellant threatened to kill her mother, BBB,
if she would reveal the incident to anyone. The accused-appellant was
charged with the crime of qualified rape
The accused-appellant pleaded not guilty to the crime charged.
ISSUE:
HELD:
Yes, Under Article 266-B of the Revised Penal Code, the
death penalty shall be imposed when the victim is below 18 years of age
and the offender is a parent, ascendant, step-parent, guardian, relative by
consanguinity or affinity within the third civil degree, or the common law
spouse of the parent of the victim.
In the case at bar, The evidence showed that the appellant was 12
years old when she was raped on March 2006, as evidenced by her
Certificate of Live Birth showing that she was born onNovember, 18, 1993.
8
The evidence also established that the appellant was the common-law
spouse of BBB. The minority of a rape victim and her relationship, being
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the common law spouse of the mother of the victim, the accused-appellant
qualified the charge of rape.
Case No.19: people v Watamama
FACTS:
On 26 October 1998, Francisco Arobo, Jr. (Arobo), Calim, and five
other farmers were at the farm of Ali Samad (Samad) located in Sitio
Matingao, Malapag, Carmen, Cotabato. They were ploughing the unplanted
area, while Samad was tending his corn plants. Arobo was five meters
ahead of Calim when the former heard gunfire coming from behind. Arobo
immediately looked to the rear and saw Midtimbang and appellant firing
garand rifles at Calim, who was then slumped near his plow. Midtimbang
and appellant were positioned ten (10) meters apart and five meters
obliquely behind Calim. Because of the successive gunshots, Arobo and
the rest of their group scampered to take cover in the shrubbery, while
Samad ran towards the nipa hut at the other side of the farm where his
children were staying.5 Appellant and Midtimbang also fired at Samad, but
he was not hit. Thereafter, the two fled.
ISSUE:
HELD:
FACTS:
Norman Pleno , Wilson Quinto (), Alvin Hernaez (), and Leonard
Miranda () testified that in the early morning of April 8, 2004, while Joey M.
Obamen (), Wilson, Alvin, and Lorenzo Gloria () were having drink and
merriment beside the Iglesia Ni Cristo () chapel on Lacson Street in Tondo,
Manila, someone hurled empty bottles of gin at them.
3 4
Retaliating, Joey and his group threw stones and empty gin bottles at
accused Erwin and his companions. Enraged, the latter group gave chase
6
to Joey and the others with him. Unfortunately, Joey tripped on an iron
chain that guarded the INC’s parking area and fell to the ground. He was in
7
this position when Erwin and his companions attacked and mauled him.
Some, including Erwin, stabbed Joey with their knives. The assailants
scampered away afterwards. 8
Joey was rushed to the Jose Reyes Memorial Hospital but died
shortly on arrival. A subsequent autopsy of his body showed that he died of
9
traumatic injuries on the head and multiple stab wounds on the abdomen
ISSUE:
HELD:
FACTS:
Accused Junaide took a sachet from his pocket and handed it to SPO1
Roca who in turn gave him a marked P100.00 bill. Junaide tried to flee but
the police stopped him. SPO1 Amado Mirasol, Jr. searched and found four
sachets of suspected shabu and the marked money on Junaide.
ISSUE:
HELD:
Marking is the affixing of the initials or other identifying signs on the seized
items by the arresting officer or the poseur–buyer. This must be done in
the presence of the accused shortly after arrest In the case at bar,
compliance with the requirement of marking is not clear. Thus Guilt in that
charge has not, therefore, been proved beyond reasonable doubt.