Beruflich Dokumente
Kultur Dokumente
1. VIRGINITY
1.1. Crimes relating to virginity
1.1.1. Qualified Seduction
Art. 337. Qualified seduction. The seduction of a
virgin over twelve years and under eighteen years of
age, committed by any person in public authority,
priest, home-servant, domestic, guardian, teacher, or
any person who, in any capacity, shall be entrusted
with the education or custody of the woman seduced,
shall be punished by prision correccional in its
minimum and medium periods.
The penalty next higher in degree shall be imposed
upon any person who shall seduce his sister or
descendant, whether or not she be a virgin or over
eighteen years of age.
Under the provisions of this Chapter, seduction is
committed when the offender has carnal knowledge of
any of the persons and under the circumstances
described herein.
Elements:
(1) That the offended party is a virgin, which is
presumed if she is unmarried and of good reputation;
(2) That the she must be over 12 and under 18 yrs. Of
age; (13-17 years 11 months 29 days)
(3) That the offender has sexual intercourse with her;
(4) That the there is abuse of authority, confidence, or
relationship on the part of the offender.
Seduction - enticing a woman to unlawful sexual
intercourse by promise of marriage or other means of
persuasion without use of force. It applies when there
is abuse of authority (qualified seduction) or deceit
(simple seduction).
Two classes of Qualified Seduction:
(1) Seduction of a virgin over 12 years and under 18
years of age by certain persons such as, a person in
authority, priest, teacher or any person who, in any
capacity shall be entrusted with the education or
custody of the woman seduced.
(2) Seduction of a sister by her brother, or descendant
by her ascendant, regardless of her age or reputation.
Comparison:
2)
Hymenectomy This is the surgical procedure
used to open a hymen that is imperforate,
Microperforate or Septate. Usually an anatomically
correct hymen can be stretched and broken during first
intercourse or tampon use without too much trauma.
The concern is that there is an artery that runs along
the side of the hymen and can cause major bleeding.
Having a Hymenectomy can decrease the risk of
bleeding and allow fluids to leave the vagina easier.
Tampon use
Source:
http://www.healthresource4u.com/hymen-definitionlocation-pictures-repair-broken-hymen-surgeryhymen.html
1.4. Cases
1.4.1. U.S. v. Pablo Suan, G.R. No. L-9201, March
3, 1914
United States v. Suan (1914) Trent, J.
Plaintiff and appellee: United States
Defendant and appellant: Pablo Suan
Brief Facts: Suan had carnal relations with Aniceta, a
14-year-old. Suan thought Aniceta was a virgin. He
later found out that Aniceta have had carnal relations
with various men prior to their illicit relation. Suan
raised this as a defense. CFI convicted Suan; SC
reversed.
Doctrine: The fact that the man may have considered
her a virgin does not seem to change the rule. His
ignorance of her previous immoral and unchaste
practices cannot make her a virgin in the eye of the
law.
FACTS:
1. Aniceta Saldivia, the offended party, testified:
That she was 14 years old;
That Pablo Suan was one of her teachers;
That on September 1911, Suan began making
love to her and promised to marry her;
That after the engagement in the following
month he began having sexual intercourse with
her;
That she had sexual intercourse with Suan
many times during the period of seven months;
That after she became pregnant, the defendant
stopped coming to her house; and
That in June 1912, she gave birth to a child.
2. Suan showed conclusively that Saldivia had illicit
relations with various young men at various times
before he had carnal relations with her.
3. A case was filed against Suan. CFI convicted him of
the crime of seduction.
Anent Suans defense, the CFI said: The Court
cannot shut its eyes to the fact that as no
attempt was made on the part of the
Government to deny the allegations that
Aniceta Saldivia had indulge in sexual
intercourse with a number of persons
apparently in a promiscuous manner, the said
Aniceta might well be regarded by the accused
as more or less a public woman. The fact
remains that by his own confession he did not
know this until after she and he had entered
upon
their
unlawful
carnal
relations.
Nevertheless, the court is willing to regard the
circumstance as an extenuating circumstance
in favor of the accused.
4. Defendant appealed from the decision of the CFI.
DISPOSITION:
acquitted.
Judgment
reversed;
defendant
2. RAPE
2.1. Signs & Symptoms
Physical Symptoms:
Immediately after a rape, survivors often
experience shock. They are likely to feel cold, faint,
become
mentally
confused
(disorientated),
tremble, feel nauseous and sometimes vomit
Pregnancy
Gynaecological problems. Irregular, heavier and/or
painful periods. Vaginal discharges, bladder
infections. Sexually transmitted diseases
Bleeding and/or infections from tears or cuts in the
vagina or rectum
A soreness of the body. There may also be bruising,
grazes, cuts or other injuries
Nausea and/or vomiting
Throat irritations and/or soreness due to forced oral
sex
Tension headaches
Pain in the lower back and/or in the stomach
Sleep disturbances. This may be difficulty in sleeping
or feeling exhausted and needing to sleep more
than usual
Eating disturbances. This may be not eating or
eating less or needing to eat more than usual
Behavioral Symptoms:
Crying more than usual
Difficulty concentrating
Being restless, agitated and unable to relax or
feeling listless and unmotivated
Not wanting to socialise or see anybody or
socialising more than usual, so as to fill up every
Physical Reactions:
o Many victims report a general feeling of
soreness all over their body. Others specify
the body area that was the focus of the
assailants force such as throat, chest,
arms, or legs. Victims also report physical
symptoms specific to the area of the body
that was the focus of the sexual assault.
o
Behavioral Reactions:
o As people do in other crisis situations,
victims of sexual assault may react with
fear and confusion. They may have
difficulty in problem solving and in
mobilizing the strength to accomplish daily
tasks.
The
ability
to
absorb
new
information is greatly impaired. People may
also make a quick change in living
arrangements or may stay in various
places, or change phone numbers.
September 30,
2.4. Cases
2.4.1. People v Vallejo, G.R. No. 144656. May 9,
2002
People v Vallejo (2002) Per Curiam
FACTS:
1. Accused-appellant Gerrico Vallejo was charged with
Rape with Homicide for the death of Daisy Diolola
before the RTC. He pleaded not guilty to the crime.
2. The following testified for the prosecution:
a.
b.
c.
d.
e.
told Ma. Nida that Daisy was not there. Ma. Nida
looked for Daisy in her brothers and sisters houses,
but she was not there either. Ma. Nida went back to
her neighbors house, and there saw Vallejo, who
told her that Daisy had gone to her classmates
house to borrow a book. But, when Ma. Nida went
to her classmates, she found that Daisy had not
been there. Ma. Nida went to the dike and was told
that
they
saw
Daisy
playing
at
about
3:30pm. Jessiemin Mataverde also told Ma. Nida
that Daisy was playing in front of her house that
afternoon but that Daisy later left with Vallejo. The
next day, Ma. Nida was informed that the dead
body of her daughter was found tied to the root of
an aroma tree by the river after the compuerta by
a certain Freddie Quinto.
Jessiemin Mataverde, testified that at around
3:00pm she saw Daisy playing with other children
outside, before watching television inside her
house. About five minutes later, Vallejo came to the
house and told Daisy something, as a result of
which she went with him and the two proceeded
towards the compuerta. At around 5:00pm, while
she and her daughter were in front of a store
across the street from her house, Vallejo arrived to
buy a stick of Marlboro cigarette. He had only his
basketball shorts on and was just holding his
shirt. They noticed both his shorts and his shirt
were wet.
Charito Yepes, another neighbor of Ma. Nida, said
that at about 4:30pm, she and her husband
decided to get some fishing implements. They met
Vallejo near the seashore and noticed that he was
uneasy and looked troubled. Charito said that
accused-appellant did not even greet them, which
was unusual. Vallejos shorts and shirt (sando) were
wet, but his face and hair were not.
SPO1 Arnel Cuevas testified that the inquiries
conducted by the police showed that one Freddie
Quinto was fishing near the compuerta when he
accidentally hit the body of Daisy, which was in the
mud and tied to the root of an aroma tree. Based
on the statements of Jessiemin Mataverde and
Charito Paras-Yepes, the policemen went to the
house of Vallejo and recovered the white basketball
shirt, with the name Samartino and No. 13 printed
at the back, and the violet basketball shorts, with
the number 9 printed on it, worn by accusedappellant the day before. The shirt and shorts,
which were bloodstained, were turned over to the
NBI for laboratory examination.
Dr. Antonio S. Vertido, NBI Medico-Legal Officer,
testified that at about 9:00pm after Vallejo was
invited by the police for questioning, he conducted
a physical examination of accused-appellant. His
findings showed the following:
f.
g.
ISSUE:
WON the trial court erred in convicting Vallejo of Rape
with Homicide - NO
.
RATIO:
CIRCUMSTANTIAL EVIDENCE
DNA ANALYSIS
2.
FINDINGS OF INJURY
DISPOSITIVE:
WHEREFORE, in view of all the foregoing
considerations, the decision of the Regional Trial Court,
Branch 88, Cavite City, finding accused-appellant
Gerrico Vallejo y Samartino GUILTY beyond reasonable
doubt of the crime of Rape with Homicide and
sentencing him to the supreme penalty of DEATH and
directing him to indemnify the heirs of the victim in the
amount
ofP100,000.00
as
civil
indemnity
and P50,000.00 as moral damages, is hereby
AFFIRMED.
People v. Perez
Appellant: Jose Perez
Appellee: People of the Philippines
Topic: Virginity and Rape
FACTS:
-Sep. 1999: The six-year-old victim, AAA, was with his
father (CCC), and his two siblings in a moviehouse
owned by Bumanlag.
o The father and the two siblings were seated in
the middle rows, while AAA sat near the front.
o When the movie ended at 9 PM, the father with
the two siblings left the moviehouse. However,
they noticed that AAA was not with them, so the
father sent one of the siblings back to
moviehouse.
o That sibling found AAA going out of the
moviehouse. They went back to their father.
o The father noticed that AAA was crying so he
asked her what happened. AAA answered that
Perez hit her right eye with a stone and also
punched her abdomen.
-Arriving at their house at 10 PM, the mother noticed
the injuries of AAA and asked her what happened.
The father told her what happened.
o The mother then observed that AAAs private
parts were bleeding. When asked how she
sustained the injury, AAA did not answer. Her
mother made her rest.
-AAA kept denying that her vagina was wounded.
However, she later confessed to her mother that
after Perez hit her with a stone in the eye and
punched her in the abdomen, he took her to the
back of the house of one Oring Ragote.
o
There, AAA recounted that Perez inserted his
finger into her vagina and that he inserted his
penis thereafter.
o AAA said that at that point, she lost
consciousness because of the pain she felt while
he inserted his penis.
-That same morning, AAA and her mother went to the
Brgy. Health Center to have AAA examined.
ISSUE(S):
1. WON AAAs testimony is admissible and
credible (YES)
2. WON
eyewitnesses
are
necessary
for
conviction (NO)
3. WON the public health officers testimony was
inconclusive (NO)
4. WON the lack of seminal fluids in AAAs vagina
is fatal to the prosecutions case (NO)
RATIO:
SC: There are 3 principles to observe in determining
the innocence or guilt of the accused:
(1) An accusation of rape can be made with facility
and while the accusation is difficult to prove, it is
even more difficult for the accused, though
innocent, to disprove;
(2) Considering that in the nature of things, only two
persons are usually involved in the crime of rape,
the testimony of the complainant should be
scrutinized with great caution; and
(3) The evidence for the prosecution must stand or
fall on its own merits and cannot be allowed to draw
strength from the weakness of the evidence for the
defense.
1. YES. AAA is not a coached witness. Her
testimony was straightforward and credible
-Perez: AAA is a coached witness. Mostly, leading
questions were used to solicit answers from her
during her testimony.
-SC: Argument is untenable. AAA testified in a
straightforward and credible manner.
o While, admittedly, leading questions were
propounded to AAA for her testimony, such is
allowed under the Rule on Examination of a Child
Witness, and under Rule 132, Sec 10 (c), which is
an exception to the general prohibition on
leading questions.
o AAA was 7 years of age and was not yet
attending school during the trial.
o The justification for this is that it is difficult to
gather the facts from a child witness without
prompting or giving suggestions. Leading
questions are necessary to coax the truth out of
their reluctant lips.
o This Court has held time and again that
testimonies of rape victims who are young and
immature deserve full credence, considering that
no young woman, especially of tender age,
would concoct a story of defloration, allow an
examination of her private parts, and thereafter
pervert herself by being subject to a public trial,
if she was not motivated solely by the desire to
obtain justice for the wrong committed against
her.
2. NO. An eyewitness is not necessary for
conviction for the charge of rape.
-Contrary to the accuseds argument, an eyewitness is
not necessary. What matters is the weight of
credibility of the witness(es) and not their number.
-The testimony of a single witness may be sufficient to
produce a conviction, if the same is trustworthy and
reliable.