TITLE EIGHT: CRIMES AGAINTS PERSONS ARTICLE 246 PARRICIDE People v Jumawan Sept 23

, 1982; P: Abad Santos; ~by Diana Relationship must be alleged for murder to bec
ome PARRICIDE FACTS: 1. On January 1974, Rodolfo Magnaye married PresentacionJum
awan (1 of the accused) 2. They separated. Each left the conjugal abode. 3. Pres
entacions mother tried (a lot of times) to get Rodolfo to sign an agreement that
would let each of them remarry but failed 4. On June 19, 1976, Rodolfo went to m
eet Presentacion at the Sariaya public market to talk about their lives 5. The mee
ting turned out to be their last one because he was killed at that day. 6. Accor
ding to a witness, Rodolfo was killed inside a store at the public market by Pre
sentacion, her 2 brothers, and her father. At Presentacions order he was stabbed
to death by one of the brother while the other brother and father were preventin
g him from moving. 7. The next day, Rodolfos mother, who was looking for him, fou
nd his dead body by the waters. 8. The trial court found the 4 accused guilty of
the crime of murder under Art 248 of the RPC ISSUE: Since Presentacion is the v
ictims wife, should she be held guilty for parricide instead? HELD: No. She stand
s convicted of MURDER. - For her to be guilty of parricide, her relationship to
the deceased should have been alleged in the information. - However, the aggrava
ting circumstance of relationship may still be assigned against the other accuse
d. But, their penalty has been reduced to reclusion perpetua for lack in number
of votes. *Their alibis are not credible because the places where they said they
were at the time of the crime are not that far from the scene of the crime. DEC
ISION: Judgment Affirmed
PEOPLE VS TOMOTORGO BEL FACTS: 1. Accused Jaime Tomotorgo y Alarcon is married t
o Magdalena de los Santos. 2. Magdalena persistently asked the accused to sell t
heir conjugal home located in SitioDinalungan Barangay Cabugai Cam Sur. She also
asked him that they transfer to the house of her husbands in-law which is locate
d in the town of Tinamabac. 3. The accused refused to abide by her wifes request
because he does not like to abandon theri home and he has many plants and improv
ements on the land which he farms. 4. On June 23, 1977, at 7 am, the accused lef
t home to go to farm and upon return at 9 am he found his wife and three-month o
ld baby already gone 5. He proceeded to look for them and on a trail of about 20
0 meters from their home, he saw his wife with the infants together with a bundl
e of clothes. 6. He asked and pleaded for their return but she adamantly refused
to do so 7. When accused sought to take child from his wife, the latter threw t
he baby on the grassy portion of the trail and the baby started to cry. 8. This
caused the accused to get furious and with anger beyond his control, he picked u
p a piece of wood and started hitting his wife until she fell to the ground and
complained that shes experiencing severe chest pains. 9. Realizing what he has do
ne, picked up the wife and brought to home then came back for the baby on the gr
ass. 10. Magdalena died despite her husbands effort to alleviate her pains. 11. A
ccused changed the dress of wife and reported incident to the Barangay Captain w
ho brought him to Policeman Arellosa to whom accused surrendered. He also brough
t the piece of wood he used to beat his wife. 12. Charged of parricide. He first
pleaded not guilty but changed it to guilty upon being re-arraigned. He was per
mitted to establish the mitigating circumstances which were invoked. A. voluntar
y surrender B. plea of guilty c.he acted upon impulse so powerful as naturally t
o have produced passion and obfuscation. 13. The RTC sentenced him to reclusion
perpetual 14. On appeal, the accused contends: o Theres lack of intent to kill o
Art 49 proper applicable penalty when crime committed different from that intend
ed. o The court erred in on following mandatory sequence of procedures for the c
orrect applicable penalty o It also erred in denying the accused of the benefits
of the ISLAW. 15. He avers that the penalty for physical injuries only and not
parricide should be imposed on him

ISSUE: Whether or not the accused is guilty of physical injuries only and not pa
rricide since there was no intent to kill on his part and that the result of the
crime is different from that intended RULING: The Court in complete accord with
and sustained the ruling of the lower court and that the accused is not entitle
d to the benefits of the ISLAW. y Art. 49 does not apply to cases where more ser
ious consequences not intended by the offender result from his felonious act bec
ause under art. 4, par 1 of the same Code, he is liable for all the direct and n
atural consequences of his unlawful act. His lack of intention to commit so grav
e a wrong is, at best, mitigating. y The fact that appellant intended to maltrea
t the victim only or inflict physical injuries does not exempt him from liabilit
y for the resulting more serious crime. y The RTC added a recommendation that ex
ecutive clemency be extended to the accused after his service of the minimum of
the medium penalty of prision mayor. y The SolGen prays in the Peoples Brief that
in view of the circumstances, recommends for the commutation of the penalty. y
The SC expresses hope that absolute or conditional pardon by President or that t
here be a commutation of his sentence so that he may qualify and be eligible for
parole. y There is a manifest repentant attitude of the accused and his remorse
for his act which the RTC made particular mention and the recommendation of the
SOL GEN as well as the number of years that the accused had been imprisoned. y
The SC said that its recommendation should be promptly brought to the attention
of the President by the proper authority in whose custody the accused has been p
laced. PEOPLE vs PEDRO MALABAGO y VILLAESPIN December 2, 1996; niLo Proof of spo
use relationship in parricide: marriage certificate or in its absence, oral test
imony of the accused. Facts: 1. On January 5, 1994, at about 7:00 in the evening
, Guillerma Romano was tending her sari-sari store in Barangay Gulayon, Dipolog
City. 2. Guillerma's daughter, Letecia Romano Malabago, arrived and sat on one o
f the benches outside the store and was also joined by Allandel, Letecia's fourt
een-year old son.
3. 4. 5.
6.
7.
A few minutes later, accused-appellant came and interrupted his wife and motherin-law's conversation. He and Letecia began arguing. Guillerma turned away but h
eard the couple's altercation over money and appellant's jealousy of someone. Gu
illerma heard Letecia cried out "Agay! She saw Letecia's face bloodied with a sl
ash along her right ear. Appellant was facing Letecia, and with a bolo in his ha
nd, struck her again, this time hitting the lower left side of her face, from th
e lips down to the neck. Letecia fell to the ground. Guillerma rushed towards he
r daughter and shouted for help. She was lifeless. Appellant fled to DodongOpule
ntisima's house. DodongOpulentisima later called the police. They came, fetched
appellant and brought him to their station. The trial court upheld the prosecuti
on and on May 10, 1994 convicted accused-appellant of parricide and sentenced hi
m to death pursuant to Republic Act No. 7659.
ISSUE: WON the accused should be convicted of parricide? RULING: YES! Parricide
is committed when: (1) a person is killed; (2) the deceased is killed by the acc
used; KEY ELEMENT- relationship: (3) the deceased is the father, mother, or chil
d, whether legitimate or illegitimate, or a legitimate other ascendant or other
descendant, or the legitimate spouse of the accused. y In the case of parricide
of a spouse, the best proof of the relationship between the accused and the dece
ased is the marriage certificate. In the absence of it, oral evidence of the fac
t of marriage may be considered by the court if such proof is not objected to. The testimony of the accused that he was married to the deceased is an admissio
n against his penal interest. It is a confirmation of presumption that they are
husband and wife. The essential elements of the crime of parricide like appellan
t's marriage to Letecia, the cause of Letecia's death and appellant's participat

ion therein were facts already established by the prosecution to qualify the off
ense as parricide. No aggravating circumstance of treachery because the appellan
t hacked his wife in the midst of a sudden, unscripted heated argument and the a
ppellant was not carrying his bolo at that time. Mitigating circumstance: Appell
ant testified that he voluntarily surrendered to the police when they fetched hi
m at DodongOpulentisima's house.
y
y
y

The penalty imposable to appellant is reclusion perpetua. PEOPLE v IGNACIOI Marc

h 26 1997; Vitug J. Facts: 1. 2. y
y
Rosaria Igancio,44 yrs old, lived with her husband Juan Ignacio, 67 yrs old Livi
ng with them is Rosarias daughter , Milagros V. Cabanilla by previous marriage 3.
On the night of Feb 9 1992, Rosaria and Juan had a heated argument and Milagros
entreated them to stop but the argument still continued 4. Feb 10 1992- another
quarrel took place and this time Milagros grudgingly went upstairs and tried in
stead to put her child to sleep. 5. While Milagros was upstairs, she could hear
that the quarrel had become violent. As she peeped, she saw by the gas lamp that
both are pulling a piece of lawanti and each tried to take possession of it. 6.
As Juan released the lawanti to get his bolo, Rosario picked up a palo-palo and
hit juan on the nape. 7. Rosaria then left straggling juan and surrendered to t
he police and voluntarily disclose what happen before Rolando ( son of Juan by h
is 1st wife). The following day, Juan died 8. In TC, she was convicted with parr
icide and on appeal she prayed that he she be acquitted on the basis of self-def
ense or in alternative that she be held guilty only for homicide rather than of
parricide. Issue: 1. WON she should be acquitted ? 2. Is she guilty of parricide
? Held/ Rationale: 1. No, she should not be acquitted because there was no unlaw
ful aggression y The burden of proof in self defense is on the accused who must
show by strong, clear and convincing evidence that the killing is justified and
that therefore there is no criminal liability. y Art 11 of the RPC provides the
elements of self defense :(1) unlawful aggression ( which is the condition sine
qua non) (2) reasonable necessity of means employed by the accused to prevent or
repeal it (3) and lastly is the lack of sufficient provocation on the part of t
he person defending himself. y By her own admission, the petitioner only thought
that her husband would strike her. In fact her own daughter Milagros belied Ros
arias testimony who declared that even before the victim could get his bolo, the
petitioner already picked up her palo-palo and hit him 2. Article 246 of the RPC
defines and penalizes the crime of parricide. y  any person who shall kill his f
ather , mother or child, legitimate or illegitimate and or any of his ascendants
or descendants or his spouse
shall be guilty of parricide and shall be punished by the penalty of reclusion p
erpetua to death. The phrase whether legitimate or illegitimate refers the relation
ship between the accused and his victim. They may be his father ,mother or child
but not the spouse th In this case, Rosaria declared in court that the victim w
as her 4 husband. Even Milagros testified that it was her mothers husband. Roland
o on the other hand testified that indeed they are husband and wife. Semper prae
sumiturmatrimonion the presumption that a man and a woman deporting them as husb
and and wife had verily entered into a lawful contract of marriage. People v. Ge
nosa September 29, 2000; J.Panganiban Parricide (Bon)
Facts: 0 This is a case as a resolution of an earlier case which involves Marivi
cGenosa who was found Guilty of parricide aggravated by treachery sentencing her
of death. It was noted that Marivic killed Ben Genosa, her legitimate husband,
with hard use of deadly weapon. The Court did not accept the defense theory of M
arivic. In this case, Marivic claims that she did not lie in the manner of killi
ng her husband (by shooting him rather than smashing him) and that she suffered
abuse in the hands her husband. She also argues that under the surrounding circu
mstances, her act of killing her husband was equivalent to self defense. Thus sh
e prays for the following: a. Exhumation of the body of the victim and the re-ex
amination of the cause of death of the husband b. Submit the accused appellant f
or examination by qualified psychologists and psychiatrist to determine the stat
e of mind at the time of killing the spouse and allowing the report of such expe
rts to be of the record of the case for purposes of automatic review and allowin
g partial re-opening of the case to admit the testimonies of the experts.

1 2 3
4
Issues: 1. 2. Should there be exhumation and re-examination of the victims body?
Should the appellant be submitted to psychologists or psychiatrists to determine
her state of mind at the time of killing?

Held: 1. 2.
No. The prayer for exhumation is immaterial since the act of proving of manner o
f killing the victim should have been done in the trial court. Yes. The court ca
nnot deny the appellant of her opportunity to offer defense for criminal convict
ion must be based on guilt beyond reasonable doubt and that the accused is facin
g the possibility of death. The counsel of this case (Atty. Katrina Legarda) rai
sed the Battered wife syndrome as a viable plea within the concept of self defen
se. Finding that there is legal and jurisprudential lacuna with respect to this,
it could be a possible modifying circumstance that could affect the criminal li
ability or the penalty of the accused.
6. 7. 8. Issues:
Francisco returned home and did not find anyone Francisco went to Khingsmajong ha
ngout and shot him but accidentally shot Lina and Arnold too (Khingsneighbors) RT
C: Guilty of murder and double frustrated murder
WON the court erred in making its decision. Held: Yes, the crime Francisco commi
tted falls under Art. 247 of the revised penal code. y ART. 247. Death or physic
al injuries inflicted under exceptional circumstances. Any legally married perso
n who, having surprised his spouse in the act of committing sexual intercourse w
ith another person, shall kill any of them or both of them in the act or immedia
tely thereafter, or shall inflict upon them any serious physical injury, shall s
uffer the penalty of destierro. Article 247 prescribes the following elements: o
that a legally married person surprises his spouse in the act of committing sex
ual intercourse with another person; and o that he kills any of them or both of
them in the act or immediately thereafter. These elements are present in this ca
se. The trial court, in convicting the accused-appellant of murder, therefore er
red. Though quite a length of time, about one hour, had passed between the time
the accused-appellant discovered his wife having sexual intercourse with the vic
tim and the time the latter was actually shot, the shooting must be understood t
o be the continuation of the pursuit of the victim by the accused-appellant. It
only requires that the death caused be the proximate result of the outrage overw
helming the accused after chancing upon his spouse in the basest act of infideli
ty. But the killing should have been actually motivated by the same blind impuls
e, and must not have been influenced by external factors. The killing must be th
e direct by-product of the accused's rage. Since the killing was without intent
the court cannot decide that it was murder and the shooting of Lina and Arnold s
hould be understood as to have no intent as well but is still punishable by phys
ical injures via negligence.
Decision: The case was remanded to the Trial court fot the reception of expert p
sychological and/or psychiatric opinion on the battered wife syndrome Note: This case is under parricide (Art.246) because the relationship of Marivic and B
en comes within the purview of the said article. In the subsequent case, Genosasd
efense was not given merit because there was failure to show the cycle of batter
ed wife syndrome. Battered Wife Syndrome is described through its three phases n
amely: tension building phase, acute battering incident and tranquil loving phas
e. In the first stage, minor battery occurs and the woman tries to pacify the ba
tterer. However, she remains to allow herself to be abused in order not to perpe
tuate the violence. On the second stage, brutal and at times fatal battery occur
s. The batterer takes domination and the woman only thinks that she cannot reaso
n with him and cannot resist him. On last stage, there is already a profound rel
ief from the husband and wife after the acute battery. The man realizes his crue
lty and tries to make up for it and asks forgiveness. The woman on the other han
d, convinces herself that such battery will not happen anymore and that his part

ner changed. Note that these three phases should occur at least twice. People v.
Abarca September 14, 1987 <You can kill your unfaithful wife if you see her do
it infront of you>
y
y y
y
y
Facts: 1. 2. 3. 4. 5. July 15, 1984
Francisco Abarka shot and killed Khingsley P
aul Koh, and shot Lina and Arnold Amparado. Francisco got home after fetching hi
s daughter from school Found his wife and Khing in the act of love when he retur
ned The Khing got a gun and pointed it at Francisco. Francisco ran away and got
himself a gun aswell

PEOPLE v BUENSUCESO September 28, 1984 FACTS: 1. April 21, 1967 between 5-6pm,witn
ess Apolonio Salvador saw Patrolman Rodolfo Aguilar &PariseoTayag conversing as
they were walking side by side, each resting his hand on the shoulder of the oth
er, going towards the municipal building. 2. Pat. Aguilar was trying to take the
fan knife of Tayag, but could not take it because Tayag prevented him from taki
ng it. He didnt want to the give knife because he was not making any trouble. 3.
Aguilar told Tayag to go to the office of the chief of police.Tayag agreed 4. In
side,a heated argument took place between Pat. Aguilar &Tayag when the latter st
ill refused to give his fan knife. 5. Pat. Fidel de la Cruz came too, but when T
ayag was about to leave the office, Chief of Police Adriano Canlas arrived & ask
ed what was going on. 6. Aguilar said that the two of them (Aguilar &Canlas) had
been cursed by Tayag. But Tayag denied cursing the 2 & informed the chief that
Aguilar was forcing him to give up his knife. 7. Tayag hurriedly left the office
but he was followed by Pat. Aguilar,Mallari& De la Cruz. Since Mallari& Aguilar
were holding guns, the latter fired his upward. 8. Hearing the shot, Tayag turn
ed about, retreated backwards until he reached the fence of the plaza, but whenT
ayag was near the wooden fence about a knee high, Aguilar shot him above the kne
e. 9. So,Tayag ran towards his house but was followed by de la Cruz without a gu
n. However, Mallari& Aguilar went to the waiting shed to intercept Tayag& took o
pposite sides of the road.Then there were several successive gun shots, more or
less nine in number. 10. After the commotion, Tayag was seen lying prostrate nea
r the back of a jeep parked about 60 meters away from the municipal building. 11
. De la Cruz took the knife from Tayag&gave it to Pat. Jose Buensuceso, Pat. Izo
n& Pat. Joson were there too. 12. Finding out that some police officers were inv
olved, Sgt.Romualdo-Espiritu proceeded to the municipal building and investigate
d on the crime. 13. The 4 police officers were charged of Murder, under Art 248
of the RPC. ISSUE: 1. 2. Was the conviction of Izon&Joson as co-principals in th
e crime of Murder correct? Was the court correct in holding that although there
was no conspiracy between the 4 police officers, they are guilty of Murder under
Art. 248 of RPC? Though he claimed to have acted independently, Was there treac
hery on the part of Aguilar when he killed Tayag?
SUPREME COURT: YES TO ALL. THE COURT FOUND SUFFICIENT EVIDENCE BACKED UP BY THE
CREDIBLE TESTIMONY OF THE WITNESS. 1. 2. All 4 of the police officers were seen
by the witness Salvador to have been present at the crime scene at armed with .3
8 calibre service revolvers. The autopsy showed that Tayag died as a result of 4
gunshot wounds inflicted by .38 cal. Revolvers. Specifically that the slug foun
d from the knee of Tayag was from the Revolver of Buensuceco. The on-the-spot in
spection by Sgt.Espiritu right after the incident, he found that the service pis
tol of Aguilar had been fired & had 3 empty shells & 3 live ammunitions left, an
d that of Buensucesos had been fired as well & had 4 empty shells & 2 live ammuni
tions left. The Ballistic examination proved that the empty shells of ammunition
were from the guns of BUENSUCESO & AGUILAR. The Chemistry Reports on the paraff
in tests of IZON and JOSON showed positive results. Therefore confirming Salvado
rs declaration that they were in the vicinity of the crime at the time it happene
d. AGUILAR's plea of self-defense is evidently unmeritorious. AGUILAR followed t
he victim right after the latter hurriedly left the office of the Chief of Polic
e. If, as contended, the victim had thrust his knife at AGUILAR inside the Munic
ipal Building malting the former the unlawful aggressor, to be sure, the inciden
t would have happened there and then and not some 60 meters away from the buildi
ng. There is ample evidence establishing that AGUILAR, BUENSUCESO, IZON, and JOS
ON had fired their guns at the victim hitting him on different parts of his body
. Although it has not been established as to which wound was inflicted by each a
ccused theCourt held that where the victim died as a result of wounds received f
rom several persons acting independently of each other, but it has not been show
n which wound was inflicted by each assailant, all of the assailants are liable
for the death of the victim. The crime was qualified by TREACHERY hence its MURDE
R.Because: a. The victim was already retreating backwards until he reached the f
ence of the town plaza when AGUILAR fired his revolver at the former hitting him
above the right knee. b. Despite the fact that he was already hit& wounded, &po

ssibly immobilized, he was still subjected to successive shots as shown by the w

ounds that he had received, even at his back. c. Evidently the means employed by
the police tended directly & specially to insure the execution of the crime wit
hout risk to themselves arising from any defense which the victim might have mad
e.
3.
4. 5.
6.
7.
8.
9.
3.

10. Also, Tayags killing was aggravated by abuse of superior strength as shown by
the number of assailants, which was however, absorbed by treachery. No other ci
rcumstances modify the commission of the crime. JUDGMENT AFFIRMED.
People v. Pugay November 17, 1988; J.Medialdea Homicide through reckless imprude
nce (Bon) Facts: 1. 2. Miranda (deceased) was a retardate and is a friend of the
accused Pugay (accused). During a town fiesta in a public plaza, Samson (anothe
r accused) and Pugay saw Gabion (a friend) in the ferris wheel. The two with the
ir companions were drunk. When they saw Miranda walking nearby, they made fun of
him by making him dance. Not contented of what they were doing, Pugay grabbed a
can of gasoline and poured such to Miranda. Gabion tried to stop Pugay but the
latter was already pouring the gasoline. Later, Samson lit Miranda making a huma
n torch out of him. Miranda died although he was rushed to the hospital. Pugay i
n his statement admitted that he poured the gasoline believing it was water and
then Samson set him on fire. Samson on the other hand argued that Pugay did pour
the gasoline but he did not see who set Miranda on fire. The trial court render
ed that Pugay and Samson were guilty of the crime of murder and availing Pugay a
mitigating circumstance of lack of intent to commit so grave a wrong.
Pugays argument is untenable. The stench of gasoline could have not skipped his n
otice which shows his negligence on his actions. For Samson: o He just committed
homicide since no qualifying circumstance was proven. The act was mearly for pu
rpose of making fun and thus treachery cannot be deduced from such. Giving him b
enefit of the doubt, Samson merely intended to burn the clothes. However, althou
gh it was not what was intended, Article 4 applies where criminal liability is s
till incurred although the wrongful act is different from what was intended for.
Also, note that burning clothes may cause physical injuries, a felony defined i
n the RPC. o Mitigating circumstance of no intention to commit so grave a wrong
may be given in his favour. Gabion testified that the two (Pugay and Samson) wer
e stunned when they saw the deceased burning. Likewise, there was an absence of
proof that accused has reason to kill the deceased before the incident. o
3.
Decision:Pugay is guilty of homicide through reckless imprudence sentenced a ran
ge of 4 mo. of arresto mayor as minimum to 4 y. and 2 mo. of prisioncorreccional
as maximum. Samson is guilty of Homicide sentenced of 8 years of prision mayor
as minimum to 14 years of reclusion temporal as maximum.
4.
5.
People v. Pugay November 17, 1988; J.Medialdea Homicide through reckless imprude
nce (Bon) Facts: 6. Miranda (deceased) was a retardate and is a friend of the ac
cused Pugay (accused). During a town fiesta in a public plaza, Samson (another a
ccused) and Pugay saw Gabion (a friend) in the ferris wheel. The two with their
companions were drunk. When they saw Miranda walking nearby, they made fun of hi
m by making him dance. Not contented of what they were doing, Pugay grabbed a ca
n of gasoline and poured such to Miranda. Gabion tried to stop Pugay but the lat
ter was already pouring the gasoline. Later, Samson lit Miranda making a human t
orch out of him. Miranda died although he was rushed to the hospital. Pugay in h
is statement admitted that he poured the gasoline believing it was water and the
n Samson set him on fire. Samson on the other hand argued that Pugay did pour th
e gasoline but he did not see who set Miranda on fire.
Issue: Did the trial Court erred in their decision? Held: Yes. The proper offens
e are Homicide through reckless imprudence for Pugay and Homicide for Samson. -

Elements of Murder is that any person not falling in Art. 246 who kills another
person through the enumerated circumstances in Art. 248 (just see Art.248 for th
e 6 circumstances). On the other hand, homicide is committed by a person who is
not falling under the provision of Art.246, kills another without the attendance
of the circumstances enumerated in Art.249 - For Pugay o He just committed homi
cide through reckless imprudence. First there was no attendant qualifying circum
stance found.
7.
8.
9.

10. The trial court rendered that Pugay and Samson were guilty of the crime of m
urder and availing Pugay a mitigating circumstance of lack of intent to commit s
o grave a wrong. Issue: Did the trial Court erred in their decision? Held: Yes.
The proper offense are Homicide through reckless imprudence for Pugay and Homici
de for Samson. - Elements of Murder is that any person not falling in Art. 246 w
ho kills another person through the enumerated circumstances in Art. 248 (just s
ee Art.248 for the 6 circumstances). On the other hand, homicide is committed by
a person who is not falling under the provision of Art.246, kills another witho
ut the attendance of the circumstances enumerated in Art.249 - For Pugay o He ju
st committed homicide through reckless imprudence. First there was no attendant
qualifying circumstance found. o Pugays argument is untenable. The stench of gaso
line could have not skipped his notice which shows his negligence on his actions
. - For Samson: o He just committed homicide since no qualifying circumstance wa
s proven. The act was mearly for purpose of making fun and thus treachery cannot
be deduced from such. Giving him benefit of the doubt, Samson merely intended t
o burn the clothes. However, although it was not what was intended, Article 4 ap
plies where criminal liability is still incurred although the wrongful act is di
fferent from what was intended for. Also, note that burning clothes may cause ph
ysical injuries, a felony defined in the RPC. o Mitigating circumstance of no in
tention to commit so grave a wrong may be given in his favour. Gabion testified
that the two (Pugay and Samson) were stunned when they saw the deceased burning.
Likewise, there was an absence of proof that accused has reason to kill the dec
eased before the incident. Decision:Pugay is guilty of homicide through reckless
imprudence sentenced a range of 4 mo. of arresto mayor as minimum to 4 y. and 2
mo. of prisioncorreccional as maximum. Samson is guilty of Homicide sentenced o
f 8 years of prision mayor as minimum to 14 years of reclusion temporal as maxim
um.
PEOPLE VS SALUFRANIA BEL FACTS: 1. 2. 3. FilomenoSalufrania was charged with the
crime of parricide with intentional abortion Pedro Salufrania, the son of the a
ccused testified that at about 6pm off December 3, 1974, his father and his moth
er MarcianaAbuyo had a quarrel During the said quarrel the accused box his pregn
ant wife on the stomache and strangled her to death. Pedro saw blood ooze from t
he eyes and nose of his mother. Pedro testified that after killing his mother, t
he accused used a hammock to cover the body of the deceased. He further allege t
hat the accused threatened to kill him and his sibling should he reveal the true
cause of his mothers death On the other hand, accused FilomenoSalufrania contend
s that his wife died of stomach pain and that he tried native treatments to alle
viate the pain. The accused was convicted of the said crime and was sentenced to
suffer the penalty of death. He contends that the trial court failed to determi
ne Pedros incompetence because he was only 13 years old when he testified and onl
y 11 years old when the offense was charged. He further questions the competence
of Dr.Dyquiangco as an expert witness since it was his first time to conduct an
autopsy on a cadaver which had been buried for about a week.
4.
5. 6. 7.
8.
ISSUE: Did the trial court erred in its decision? RULING Yes. He should instead
be convicted of the complex crime of parricide with unintentional abortion On Pe
dros competency as a witness: y The trial court determined Pedros competency befor
e he was allowed to testify under oath y He has a strong sense of moral duty to
tell the truth even though it should lead to his fathers conviction, this shows t
hat he fully appreciate the meaning of an oath

y
y
As to Pedros change of answer when asked whether he was threatened by his uncle t
o testify against his father, it only shows that Pedro was confused with the que
stion. Later on the affirmed his answer that he wasnt threatened at all. His test
imony remains unruffled. Even if there were some discrepancies, such are just mi
nors and didnt affect his credibility as a witness.
4.
5. On Dr.Dyquiangcos competence y Although this was his first time to examine a c
adaver that was buried for a week, he had, however, conducted similar post-morte
m examinations on 10 other occasions. 6. On Abortion: There must be intent to ca
use the abortion to be guilty of intentional abortion; it cannot be merely incid
ental to a killing y Accused intent to cause abortion has not been sufficiently
established. y Mere boxing of the stomach taken together with the immediate stra
ngling of the victim in a fight, is not sufficient proof to show an intent to ca
use abortion. y The accused must have merely intended to kill the victim but not
necessarily to cause the abortion. y The accused is liable for the complex crim
e of parricide with unintentional abortion PEOPLE vs CEILITO ORITA alias "Lito,"
April 3, 1990; niLo <No frustrated crime of rape> Facts: 1.
ibid). When they reached the second floor, he commanded her to look for a room.
He ordered her to lie down on the floor and then mounted her. He made her hold h
is penis and insert it in her vagina. She followed his order as he continued to
poke the knife to her. At said position, however, appellant could not fully pene
trate her. Only a portion of his penis entered her as she kept on moving. Appell
ant then lay down on his back and commanded her to mount him. In this position,
only a small part again of his penis was inserted into her vagina. At this stage
, appellant had both his hands flat on the floor she escaped by dashing out to t
he next room and locked herself in. She fled to another room and jumped out thro
ugh a window, she darted to the municipal building and went to the policemen. Th
e trial court convicted the accused of frustrated rape since there was no conclu
sive evidence of penetration of the genital organ of the victim.
Issue: Is the trial court correct of convicting the accused of frustrated rape?
RULING: Article 335 of the Revised Penal Code defines and enumerates the element
s of the crime of rape: 1. By using force or intimidation; 2. When the woman is
deprived of reason or otherwise unconscious and 3. When the woman is under twelv
e years of age, even though neither of the circumstances mentioned in the two ne
xt preceding paragraphs shall be present. The Supreme Court was convinced that t
here was rape because: - the victim's testimony from the time she knocked on the
door of the municipal building up to the time she was brought to the hospital w
as corroborated by Pat. Donceras. - Interpreting the findings as indicated in th
e medical certificate which is a conclusive proof that there was struggle agains
t force and violence exerted on the victim. NO FRUSTRATED RAPE: The requisites o
f a frustrated felony are: - that the offender has performed all the acts of exe
cution which would produce the felony and - that the felony is not produced due
to causes independent of the perpetrator's will. a) Clearly, in the crime of rap
e, from the moment the offender has carnal knowledge of his victim he actually a
ttains his purpose and, from that
2.
3.
Complainant Cristina S. Abayan was a 19-year old freshman student at the St. Jos
eph's College at Borongan, Eastern Samar. Appellant was a Philippine Constabular

y (PC) soldier. March 20, 1983, complainant arrived at her boarding house. Her c
lassmates had just brought her home from a party. After her classmates had left,
she knocked at the door of her boarding house. All of a sudden, somebody held h
er and poked a knife to her neck. She then recognized appellant who was a freque
nt visitor of another boarder. With his left arm wrapped around her neck and his
right hand poking a "balisong" to her neck, appellant dragged complainant up th
e stairs (p. 14,

moment also all the essential elements of the offense have been accomplished. No
thing more is left to be done by the offender, because he has performed the last
act necessary to produce the crime. Thus, the felony is consummated. b) We have
set the uniform rule that for the consummation of rape, perfect penetration is
not essential. Any penetration of the female organ by the male organ is sufficie
nt. Entry of the labia or lips of the female organ, without rupture of the hymen
or laceration of the vagina is sufficient to warrant conviction. Necessarily, r
ape is attempted if there is no penetration of the female organ because not all
acts of execution was performed. The offender merely commenced the commission of
a felony directly by overt acts. Was there penetration of genital organ of the
victim? y it is stated in the medical certificate that the vulva was erythematou
s (which means marked by abnormal redness of the skin due to capillary congestio
n, as in inflammation) and tender. It bears emphasis that Dr. Zamora did not rul
e out penetration of the genital organ of the victim. He merely testified that t
here was uncertainty whether or not there was penetration. Anent this testimony,
the victim positively testified that there was penetration, even if only partia
lly.
Accused found guilty beyond reasonable doubt of the crime of rape and sentenced
to reclusion perpetua as well as to indemnify the victim in the amount of P30,00
0.00.
People v Campuhan March 30 2000; Bellosillo J Facts: 1. 2.
3.
4.
Primo Campuhan was found guilty of guitlty of statutory rape and was sentenced t
o extreme penalty of death. On April 25 1996, around 4pm, Ma. Corazon P. Pamintu
an went down from nd the 2 floor of their house to prepare Milo for her two chil
dren where one is Crysthel ( 4yrs old) . At the ground floor, she saw Primo Camp
uhan, helper of Conrado Plata Jr.( Corazons brother) who was then busy filling sm
all plastic bags with water to be frozen into ice As she was busy preparing the
drinks, she heard one of her daughters crying and when she heard Ayoko,ayoko! she ru
sh upstairs and saw Primo Campuhan inside her childrens room kneeling before Crys
thelwhose
pajamas and panty were already removed, while Primos short pants were down to his
knees. 5. According to Corazan, Primo was trying to insert his penis into Cryst
hels vagina. Horrified she cursed him. 6. Primo then push aside Corazon and ran w
hile corazan called for help 7. Seconds later, Primo was apprehended by those wh
o answered Corazons call fro help 8. Primo now contends that Corazans testimony sh
ould not be given weight or credence since it was punctured with implausible sta
tements and improbabilities so inconsistent with human nature and experience. He
also contends that it was impossible for him to commit rape as the sister of Cr
ysthel was with them playing and that the place was within the family compound e
nough for him to deter from committing such act. 9. Lastly, Primo contends that
it was impossible for Corazon to give vivid description of the alleged sexual co
ntact from where she stood during that time and that the absence of any external
signs of physical injuries or of penetration of Crysthels private parts strength
en his innocents Issue: is he guilty of rape? Held: NO, he is guilty only of att
empted rape as the prosecutor utterly failed to prove that Primos penis was able
to penetrate not matter how slight it is Rationale: y In concluding that carnal
knowledge took place, full penetration of the vaginal orifice is not an essentia
l ingredient, nor is the rupture of the hymen necessary y The mere touching of t
he external genetalia by the penis capable of consummating the sexual act is suf
ficient to constitute carnal knowledge. y However the act of touchng should be u
nderstood here as inherently part of the enrty of the penis into the labia of th
e female organ and not mere touching alone of the mons pubis or the pudendum. y

Pudendum is a collective term for the female genital organs that are visible in
the perineal area. Mons pubis is the rounded eminence that becomes hairy after p
uberty and is instantly visible within the surface. The next layer is the labia
majora or the outer lips of the female organ composed of the outer convex surfac
e and inner surface. Directly beneath the Labia majora is labia minora. y Jurisp
rudence provides that in order for rape to be consummated the penis must have en
tered the labia majora and not the mere stroke or touching of the mons pubis of
the pudendeum. In the absence of any showing that there was touching the crime c
ould be attempted rape or acts of lasciviousness. y The prosecution utterly fail
ed to prove that Primos penis was able to penetrate not matter how slight it is.

y
y
y
y
Crysthel testimony is in doubt because he was not able to explain her position d
uring the time of the commission of the crime that enabled her to see clearly an
d sufficiently that there was indeed a contact and that from her narration , it
can easily be drawn that Primos kneeling position rendered an unbridled observati
on impossible as Primos right hand was blocking Corazons view. Corazon insist that
the Primo did not restrain himself from pursuing his wicked intention despite h
er timely appearance however the court is not persuaded because it is inconsiste
nt with mans instinct of self-preservation to remain where he is and persist in s
atisfying his lust even when he knows well that his dastardly acts have already
been discovered or witnesses by no less than the mother herself The possibility
of Primos penis entering the vagina is negated by the childs owen assertion that s
he resisted it by putting both her legs close together, she did not feel any pai
n but just felt unhappy, she shouted ayoko,ayoko instead of arayko, arayko Under art 6
in relation to art 335 of the RPC, rape is attempted when the offender commence
s the commission of rape directly by overt acts and does not perform all the act
s of execution which should produce the crime of rape by reason of some cause or
accident other than his spontaneous desistance. All the elements of attempted i
s present.
her vagina and then forcibly and repeatedly introduced his penis into her vagina
, but failed. 6. Michael, Marichelles 4 yr. old cousin, called out to her to fetc
h her. 7. When Marichelle heard Michael calling, she put on her garments, and on
the way home noticed that her jogging pants were wet. She narrated what happene
d to her to Bernardine. 8. Bernardine had Marichelle undergo a physical exam. NB
I Medico Legal Officer Dr. Roberto V. Garcia certified that there Marichelle had
no hymeneal lacerations but there was genital trauma and it was caused by an ac
cident. 9. Semion was charged with statutory rape and convicted of reclusion per
petua. 10. Semion appealed that it was impossible for him to rape Marichelle bec
ause it was broad daylight and many people were in the ground floor when the all
eged rape happened. Issue: Is the conviction of Semion by the trial court correc
t? Held: Yes, the conviction of Semion by the trial court is correct. 1. Under A
rticle 335 (3) Revised Penal Code, Statutory Rape is the carnal knowledge of a w
oman below 12 years of age. Proof of intimidation or force used on the woman, or
lack of it, is immaterial. 2. While the penetration of Semions penis can only go
as deep as Marichelles labia because of her age, Rape was still consummated beca
use It is enough that there is proof of entrance of the male organ within the la
bia or pudendum of the female organ. 3. The medical examination proves that the
trauma on Marichelles vagina cannot be caused by an accident. 4. The absence of h
ymeneal laceration adequately explains why Marichelle did not feel any pain duri
ng the attempted sexual intercourse 5. The argument that Marichelle should have
cried out or struggled is untenable. She was not aware of the wrongfulness of wh
at was being done to her was rape. 6. Chess requires concentration. Ramil and Ar
mando were engrossed with their game that it was possible for Semion to rape Mar
ichelle. 7. It is possible for an experienced man like Semion in just one minute
, without attracting the attention of the people inside the apartment, to rape M
arichelle. Marichelle's complete innocence may have facilitated the perpetration
of the clime, and the divider, although "butas-butas," was sufficient to concea
l the commission of the bestial act. Conviction affirmed, damages decreased to P
20,000 from P50,000. People v. Villapana Facts:
People vs. Mangalino 15 February 1990; J. Sarmiento In Statutory Rape, Proof of
intimidation or force used on the woman, or lack of it, is immaterial Facts: 1.

SemionMangalino was a 53 yr. old security guard, and residing at 1597-D Honradez
Street, Sampaloc, Manila. He was the neighbor of Tomas and Bernardine Carlos. 2
. Tomas and Bernardine had a 6 yr. old daughter, Marichelle. 2. 07 March 1984 At 10 or 11 a.m., Marichelle was playing "takbuhan" alone at the ground floor of
the two-story apartment of Semion. His wife was in Batangas at the time and his
grandson, RamillasDulce and his wifes nephew, Armando Ayroso were playing chess
in the sala of the apartment. 3. Semion called out to Marichelle to go inside hi
s bedroom or "sleeping quarters" at one end of the sala of the ground floor. 4.
Once inside the bedroom, Semion handed Marichelle a P2 bill and told her not to
tell anybody about his calling her to his bedroom. She agreed. 5. Semion then la
id Marichelle down, removed her jogging pants, and placed them beside her feet.
He kissed her and fondled her breasts. He inserted his finger into the

1. 2. 3.
4.
5. 6.
Eduardo (20+) and Maria (middle aged widow with four children) lived in the same
building Eduardo was convicted of the crime of raping Maria Maria alleges that
on April 16, 1976 a. While she was sleeping with her 7 year old daughter when sh
e noticed someone trying to enter the room, so she sat down and Eduardo entered
the room and poked a knife on to her. b. Eduardo then brought her to the kitchen
and threatened her and she was able to utter tulungnanmokonanayko while Eduardo w
as raping her c. After Eduardo left she stayed and rested then went to Eduardos a
unt to report it that same night Eduardo alleges that a. He and Maria were sweet
hearts b. Maria initiated the intercourse infact she invited me! c. They had sex
but it was with consent RTC: guilty of rape Eduardo says a. The judge made a mi
stake because there were different judges who looked took charge of the case. On
e on the evidence and one on the decision. b. During trial Marias testimonies wer
e inconsistent hence should not be believed.
complainant must be scrutinized with extreme caution; and iii. The evidence for
the prosecution must stand or fall on its own merits, and cannot be allowed to d
raw strength from the weakness of the evidence for the defense. b. "While we hav
e frequently held that the uncorroborated testimony of the offended party in cas
es of this kind may be sufficient under certain circumstances to warrant convict
ion, yet from the very nature of the charge and the ease with which it may be ma
de and the difficulty which surrounds the accused in disproving it where the poi
nt is as to whether the cohabitation was with or without the use of force or thr
eats, it is imperative that such testimony should be scrutinized with the greate
st caution." c. "in crimes against chastity, the testimony of the injured woman
should not be received with precipitate incredulity; and when the conviction dep
ends at any vital point upon her uncorroborated testimony, it should not be acce
pted unless her sincerity and candor are free from suspicion," d. In the case at
bar numerous circumstances detract from the credibility of Maria's version of w
hat happened on the night of April 16, 1976. Thus, the Court has no option but t
o declare that the prosecution has failed to meet the exacting test of moral cer
tainty and proof of guilt of the accused beyond reasonable doubt. A reversal of
the trial court's guilty verdict is inevitable. i. Sleeping with her seven-year
old daughter, she was awakened when a person was trying to pry open her window.
That person failed in his attempt to open the window, so he forced open the door
to her room, which is one of three, small rooms on the ground floor of a two-st
orey apartment. 1. The normal reaction of any person under such circumstances wo
uld have been to call for help or make an outcry to awaken her neighbors and/or
call their attention, or do something to repel the intruder, and protect her hom
e, herself and her daughter from any harm. ii. The accused covered her mouth wit
h his own lips so that she could not shout, and yet she was able to shout, "Aray
kopo, nanaykopo, tulunganponinyoako." 1. Covering the mouth of another with one'
s own lips is certainly not an effective way of preventing the former from shout
ing
Issues: WON the change of the judge matters? WON the presumption that when a wom
an says she was raped is true may be over turned? Held: 1. 2. 3. No. The court i
n this case should just exert extra effort in hearing the case and looking at th
e evidences. Yes. a. (3) settled principles to guide an appellate court in revie
wing the evidence in rape cases: i. An accusation for rape can be made with faci
lity; it is difficult to prove it but more difficult for the person accused, tho
ugh innocent, to disprove it; ii. In view of the intrinsic nature of the crime o
f rape where two persons are usually involved, the testimony of the

e.
"a woman's most precious asset is the purity of her womanhood. She will resist t
o the last ounce of her strength any attempt to defile it." b. It seems more lik
ely that, as appellant claims, they were kissing each other as they were engaged
in the sexual act. iii. ComadreMiling testified that when complainant went to h
er room at 2 'clock in the morning of April 17, 1976, she confessed that they "l
ost control of themselves iv. That accused went to bed after the sexual intercour
se. 1. Unlikely that someone who rapes a person returns to his own room in the s
ae house The prosecution was not able to prove properly that the intercourse hap
pened without consent
a.
10. The accused denied the allegations & gave their alibis. They said they were
in different places doing different things. They also contended that she was a T
omboy & that she hated Torres for telling his cousin not to maintain their same
sex relationship. 11. August 6, 1976 both were found guilty of Rape sentenced to R
eclusion Perpetua. ISSUE: WON the Balbuena & Torres committed the said rape desp
ite the fact that the Medical examination showed no injuries, her clothes were n
ot torn & that she only complained after one month. SUPREME COURT: YES. the cour
t affirmed the ruling of the trial court. 1. Its not easy for a Filipina to come
out in the open in a situation where public contempt & ridicule would possibly r
esult in the prosecution of the Rape case. So the very fact that she came forwar
d is enough persuasion. 2. The court considered the innate womanhood of the accu
sed 7 the inherent reluctance of the Filipino family to be exposed to the trial
scandalizing the Familys name. 3. Elvira stands to gain nothing with her revelati
on & the consequent punishment of the accused. 4. Elviras delay on the filing of
the complaint may result from the fact that she was afraid of the threats done b
y the rapists and shes worried about her on going classes. The fear & shock she f
elt was more than sufficient to restrain her from filing a case right away. 5. E
lvira is also no an incredible witness considering that shes a tomboy. That fact do
es not make it improbable for the two drunken appellants to violate her. Its impr
obable to say that physical appearance of the woman would not bar these persons
from committing the rape. 6. The absence of injury nor the dress no being torn d
oes not prove that the rape was not committed. Aside from the fact that the test
was conducted one month after the incident, there was not enough struggle on he
r part for she was too weak to do so considering she was also intoxicated. 7. Th
e testimony of Elvira was credible enough to prove that she was violated, she re
layed the information in a straight and convincing manner despite the lengthy in
vestigation. 8. Theres nothing in the defense evidence that would point out convi
ncingly why Elivira should lie & jeopardize the 2 accused. 9. The court found th
at the essential elements constitutive of the crime rape had been duly establish
ed by the prosecution beyond reasonable doubt. The defense of the accused is rel
atively weak against the complainant for the evidence is clear that the two rapi
sts employed force in consummating the crime of rape, when they took turns in vi
olating her & each participated in holding her hands & covering her mouth. JUDGM
ENT AFFIRMED.
PEOPLE v BALBUENA April 27, 1984 FACTS: 1. August 28, 1975; 10pm Elvira Polintan w
as in an apartment with friend Juanito Torres. Torres friends agreed to drink & i
nvited Elvira. 2. They held the drinking party at the apartment of Abelardo Balb
uena, which was a former billiard hall & they drank Gin with other persons. 3. A
fter drinking a half glass of Gin, Elvira felt dizzy & so she asked permission f
rom the group to rest, then she laid down in the bench inside the billiard hall.
4. Balbuena undressed Elvira while Torres is holding her hand, and despite her
resistance, he was able to rape her on the Billiard table. Balbuena also kept on
threatening her life & her family. 5. After Balbuena, Torres also raped Elvira,
while Balbuena was covering her mouth. After she was raped, Elvira sat down in
the corner & cried. Balbuena threatened her not to tell or shell be killed. 6. El

vira was able to escape and ran away home. 7. October 19, 1975 Elvira finally told
her mother about what happened. 8. October 20, 1975 Elivira together with her mot
her reported the incident & filed a complaint. 9. Elvira was subjected to medica
l examination & the results concluded that there were no signs of extragenital p
hysical injury but she could have had sexual intercourse with a man on the alleg
ed date.

People v. Villapana Facts: Eduardo (20+) and Maria (middle aged widow with four
children) lived in the same building 8. Eduardo was convicted of the crime of ra
ping Maria 9. Maria alleges that on April 16, 1976 a. While she was sleeping wit
h her 7 year old daughter when she noticed someone trying to enter the room, so
she sat down and Eduardo entered the room and poked a knife on to her. b. Eduard
o then brought her to the kitchen and threatened her and she was able to utter tu
lungnanmokonanayko while Eduardo was raping her c. After Eduardo left she stayed
and rested then went to Eduardos aunt to report it that same night 10. Eduardo al
leges that a. He and Maria were sweethearts b. Maria initiated the intercourse i
nfact she invited me! c. They had sex but it was with consent 11. RTC: guilty of
rape 12. Eduardo says a. The judge made a mistake because there were different
judges who looked took charge of the case. One on the evidence and one on the de
cision. b. During trial Marias testimonies were inconsistent hence should not be
believed. Issues: WON the change of the judge matters? WON the presumption that
when a woman says she was raped is true may be over turned? Held: 4. 5. 6. No. T
he court in this case should just exert extra effort in hearing the case and loo
king at the evidences. Yes. a. (3) settled principles to guide an appellate cour
t in reviewing the evidence in rape cases: 7.
i. An accusation for rape can be made with facility; it is difficult to prove it
but more difficult for the person accused, though innocent, to disprove it; ii.
In view of the intrinsic nature of the crime of rape where two persons are usua
lly involved, the testimony of the complainant must be scrutinized with extreme
caution; and iii. 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 evidenc
e for the defense. b. "While we have frequently held that the uncorroborated tes
timony of the offended party in cases of this kind may be sufficient under certa
in circumstances to warrant conviction, yet from the very nature of the charge a
nd the ease with which it may be made and the difficulty which surrounds the acc
used in disproving it where the point is as to whether the cohabitation was with
or without the use of force or threats, it is imperative that such testimony sh
ould be scrutinized with the greatest caution." c. "in crimes against chastity,
the testimony of the injured woman should not be received with precipitate incre
dulity; and when the conviction depends at any vital point upon her uncorroborat
ed testimony, it should not be accepted unless her sincerity and candor are free
from suspicion," d. In the case at bar numerous circumstances detract from the
credibility of Maria's version of what happened on the night of April 16, 1976.
Thus, the Court has no option but to declare that the prosecution has failed to
meet the exacting test of moral certainty and proof of guilt of the accused beyo
nd reasonable doubt. A reversal of the trial court's guilty verdict is inevitabl
e. i. Sleeping with her seven-year old daughter, she was awakened when a person
was trying to pry open her window. That person failed in his attempt to open the
window, so he forced open the door to her room, which is one of three, small ro
oms on the ground floor of a two-storey apartment. 1. The normal reaction of any
person under such circumstances would have been to call for help or make an out
cry to awaken her neighbors and/or call their attention, or do something to repe
l the intruder, and protect her home, herself and her daughter from any harm.

e.
ii. The accused covered her mouth with his own lips so that she could not shout,
and yet she was able to shout, "Araykopo, nanaykopo, tulunganponinyoako." 1. Co
vering the mouth of another with one's own lips is certainly not an effective wa
y of preventing the former from shouting a. "a woman's most precious asset is th
e purity of her womanhood. She will resist to the last ounce of her strength any
attempt to defile it." b. It seems more likely that, as appellant claims, they
were kissing each other as they were engaged in the sexual act. iii. ComadreMili
ng testified that when complainant went to her room at 2 'clock in the morning o
f April 17, 1976, she confessed that they "lost control of themselves iv. That ac
cused went to bed after the sexual intercourse. 1. Unlikely that someone who rap
es a person returns to his own room in the sae house The prosecution was not abl
e to prove properly that the intercourse happened without consent
7.
The trial court found Cesar to be guilty of the crime of rape under p3 of Art 35
5. Glenda is considered to have the mentality of a 9-12 year old, so there is ra
pe. (P-v-Asturias)
ISSUE: In this case, Glenda willingly let Cesar deflower her. Did the TC made th
e right decision of convicting him of rape? HELD: YES. This is because the eleme
nts of rape can still be found in the said instance, regardless of whether it fa
lls under p2 or p3 of Art 355. 1. Art 335, RPC: Rape can be committed under any
of the ff circumstances: a. By using force or intimidation b. When woman is depr
ived of reason OR is otherwise unconscious c. When woman is under 12 years of ag
e, even though neither of the circumstances mentioned in the two next preceding
paragraphs shall be present 2. Glenda was founded to have a mentally defective i
ntellectual functioning p She has the intellectual capacity of a child between 9
to 12 years old o She prefers playing with small children p SHE IS CAPABLE OF T
ELLING THE TRUTH Application: 1. Cesar is guilty of the crime of rape under Art.
335, p2 (deprived of reason) a. P-v-Atutubo: Its not required for the offender t
o be the one who deprive the victim of reason before committing the crime b. P-v
-Palma: . Copulation with a woman known to be mentally incapable of giving even
an imperfect consent is rape c. Chief Justice Tolentino: The absence of will det
ermines the existence of rape. Lack of will may exist under the ff conditions wh
ere woman is: i. Unconscious ii. Totally deprived of reason iii. Suffering menta
l deficiency *Carnal knowledge of a woman so weak in intellect as to be incapabl
e of legal consent constitutes rape. * The deprivation of reason need not be com
plete. Mental abnormality or deficiency is enough.g1 DECISION: Decision Affirmed
PEOPLE VS DELA CUESTA
People v Atento April 26, 1991; P: Cruz; ~by Diana Having sexual intercourse wit
h a woman who is a mentally retarded and have the mentality of a 12 year old IS
RAPE FACTS: 1. 2. 3. 4. Glenda Aringo(victim) is a 16 year old mental retardate
Cesar Atento (accused) is a 39 year old store-keeper, with wife and 8 children S
ometime in April 1986, Cesar was able to persuade her to come to his house and s
ucceeded in deflowering her. Afterwards, she was given P5.00 Glenda said that th
ere were 4 other succeeding occasions were similar incidents occurred i. There w
as a later incident where she described the said incident to be masarap or ticklish
5 months later into her pregnancy, she confessed that it was Cesar who is the fa
ther of her baby On December 1987, she gave birth to a child
5. 6.

BEL FACTS: 1. 2. MermaBasabas, a 9 year old girl lived with her mother Mercedes
in one of 3 rooms for rent on the 2nd floor of a house located in Makati. The ac
cused Jovendela Cuesta is a 64-year old man who has been staying at the room ren
ted by Mercedes for about 2 months because his house was being renovated. When M
ercedes left for Davao, she left her child in the care of her niece and the accu
sed. When alone in a room, the accused started to kiss Merma and sucked her mout
h and tongue. He touched her breast and inserted his finger inside her vagina. T
he accused even asked the child to touch his penis and later on, he inserted it
for about an inch deep inside Mermas vagina. After the said incident, floor 5 con
secutive nights, from January 12 to 23 1996, the accused repeatedly did the same
act. He threatened the child not to report anything to her mother and gave her
20pesos. The accused denied the charges and contend that he looked after the chi
ld as his own granddaughter. He also contends that it was just revenge on the pa
rt of the owner of the house because he warned Merma that the owner has a pendin
g rape case. He also contends that he was just framed-up Mercedes niece because s
he was indebted to him. He avers that he rarely gets erections and that based on
the medico-legal findings, there was no laceration of the hymen. Also he said t
hat there was a delay in the submission of the child to a medical examination. I
t was unusual for family members to wait for 3 days since the usual reaction is
to subject a victim to a medical examination immediately. The trial court found
the accused guilty of 6 counts of rape and sentenced him to suffer death for rap
ing a girl under 18 and the offender is her guardian.
y y y
The rupture of the hymen or laceration of the vagina is not an essential element
of rape. Mere knocking of the pudenda by the accuseds penis suffices to constitu
te rape. The frame-up allegation was too shallow to be believed. The niece was n
ot the type of woman to concoct a rape charge against an old man and neighbour f
or a flimsy reason.
3. 4.
Regarding the physical incapacity due to old age. y y There was no evidence pres
ented to substantiate his alleged dysfunction. Old age does not mean that sexual
intercourse is no longer possible, as age is not a criterion taken alone in det
ermining sexual interest and capability of middle-aged and older people.
5. 6. 7. 8. 9. 10. 11. 12.
Regarding the 3-day delay in considering the medical examination. y A medical ex
amination is not an indispensible requirement and an absence of such does not af
fect the verdict of conviction of sufficient evidence is presented.
THE SENTENCE IMPOSED WAS WRONG y The mere fact that the mother asked the accused
to look after her child while she was away did not constitute relationship of g
uardian-ward as contemplated by the law. The restrictive definition of a guardia
n, that of a legal or judicial guardian, should be used in construing the term gu
ardian for the purpose of imposing death penalty. The accused was just a mere cus
todian or caretaker of the child over whom he exercised a limited authority for
a temporary period. Even assuming that he is a guardian, he still may not be sen
tenced to death because the information filed against him does not specify quali
fying circumstance. PEOPLE vs. JIMMY SABREDO y GARBO
y
13.
y y

ISSUE: Is the ruling of the trial court correct? The ruling was partly correct.

May 11, 2000; niLo Complex crime of forcible abduction with rape: prove the pres
ence of all the elements of forcible abduction, as well as all the elements of t
he crime of rape. FACTS: 1) Appellant is the uncle of complainant. He is the you
nger brother of her father. He stayed with Judeliza's family in Cebu for more th
an a year. 2) On June 27, 1994, Judeliza went to the well near their house, to t
ake a bath. There, Jimmy grabbed and forcibly dragged her at knife's point, to t
he highway where he made her board a truck for Bogo, Cebu. 3) He brought her to
Masbate, where they stayed at the house of Conchita, Jimmy's sister then they mo
ved to his nephew in Cagba, Masbate where stayed from June 29 to July 5, 1994, w
ith Jimmy closely guarding Judeliza. 4) On July 4, 1994, at around midnight, Jim
my, armed with a blade, sexually assaulted Judeliza. Jimmy inserted three finger
s into her vaginal orifice and cruelly pinched it. Then, he brought her to the h
ouse of his sister, Nilda. 5) On July 8, 1994, Nilda brought her to the police w
here Judeliza reported her ordeal. 6) Prosecutor filed an information and Jimmy
admitted having sexual relations with Judeliza, but insisted that: - it was cons
ensual or that they were lovers. - Judeliza had revealed to him that she was not
really her father's daughter but boxed and kicked her when she confided that sh
e really was his niece. - He pinched the victim's vagina, but only to punish her
for deceiving him about their kinship. 7) Trial Court found the accused guilty
beyond reasonable doubt of the complex crime of forcible abduction with rape und
er Article 48 in relation to Article[s] 335 and 342 of the Revised Penal Code an
d is meted the extreme penalty of death. ISSUE: WON the accused should be convic
ted of the complex crime of forcible abduction with rape? RULING: NO, the elemen
ts of rape and sexual assault were not all proven. General Rule: When a complex
crime under Article 48 of the Revised Penal Code is charged, such as forcible ab
duction with rape, it is axiomatic that the prosecution must allege and prove th
e presence of all the elements of forcible abduction, as well as all the element
s of the crime of rape. Her sworn affidavit and her testimony in open court esta
blish the basic elements of rape. These are: the commission of sexual intercours
e, by the accused against
complainant, with the use of force and intimidation, without her consent and aga
inst her will. The elements of forcible abduction are: - that the person abducte
d is any woman, regardless of age, civil status, or reputation; - that the abduc
tion is against her will; - that the abduction is with lewd designs. Application
: The prosecution's evidence clearly shows that the victim was forcibly taken at
knifepoint from Borbon, Cebu by appellant and through threats and intimidation
brought to various towns in Masbate, where he passed her off as his "wife". That
appellant was moved by lewd designs was shown in regard to rape by his having c
arnal knowledge of private complainant, against her will, on July 4, 1994 at Cag
ba, Tugbo, Masbate. In this case, there was no complex crime of forcible abducti
on with rape: - While it may appear at first blush that forcible abduction, as d
efined and penalized by Article 342 of the Revised Penal Code was also committed
, we are not totally disposed to convict appellant for the complex crime of forc
ible abduction with rape. We note that while the information sufficiently allege
s the forcible taking of complainant from Cebu to Masbate, the victims fails to
allege "lewd designs" of the accused. When appellant, using a blade, forcibly to
ok away complainant for the purpose of sexually assaulting her, as in fact he di
d rape her, the rape may then absorb forcible abduction. Hence, the crime commit
ted by appellant is simple rape only. R.A. No. 7659 which imposes the death pena
lty cannot be made to apply in the instant case for two reasons: at the time the
rape was committed, private complainant was already more than eighteen years of
age. - the information did not allege that offender and offended party were rel
atives within the third degree of consanguinity. The accused is declared guilty
beyond reasonable doubt of simple rape only as defined and penalized under Artic
le 335 of the Revised Penal Code. The penalty imposed on him is reclusion perpet
ua.
People v Arillas June 19 2000; Puno J. Facts:

Two cases were consolidated. In the morning of Dec. 23 1995, Amor Arillas was sw
eeping their backyard, then her father called to prepare for breakfast. At that
time her brothers were grazing their carabao in the mountains, her sisters were
washing clothers in the creek about 300-400 meters away from their house and her
mother was selling soft drink and bread in the rice field. 3. While doing Amor
was doing her chore, her father embraced her and forcibly kissing her. Amor resi
sted but her father kick her on the right buttocks and successfully had carnal k
nowledge with her. It was Amors 1st time. 4. The appellant then threatened not te
ll anyone or something bad would happen. She was afraid of her father and did no
t want her family broken so she didnt tell anyone and hope that the bestial act w
ill not happen. 5. However on Feb 10 1996, while preparing for lunch her father
again forcibly rape her despite the resistance of Amor. nd 6. After the 2 incide
nt, the father again threaten her not to tell anyone. 7. On April 1 1996, she fi
nally found the courage to report the incident. Amor then underwent medical exam
ination and it was learned from Dr Mylene Chavez Milla that she has 5 old lacera
tions. She even testified that Amors hymen admits two fingers with ease which ind
icates that penetration was made more than once. 8. Romeo Decena, Assistant Loca
l Civil Registrar, testified that Amor was under 18 yrs old. 9. In defense, Rome
o Arillas said that on Dec 23 1995 he was in the farm and that on Feb 10 1996 he
was repairing an irrigation pump in San Jose, Minalabac, Camarines Sur. He also
reason the it was due to the ill-motive of his in-laws because he left his brot
her-in-law drunk during a fiesta in Bula 10. The trial court found Romeo Arillas
guilty 11. On appeal, Romeo contends that even if his defense is merely denial
and alibi,reasonable doubt exist as to his guilt Issue: Is he guilty of rape? He
ld: yes, Romeo Arillas was not able to prove that it was physically impossible f
or him to be at the commission of the crime as he was just in the rice field. Th
e positive assertions of his daughter that he raped her are given a greater weig
ht. Rationale: y The contention of Romeo that the case filed against him were ou
t of illfeeling will not stand. Aside from the fact that he failed to prove this
, it is highly unbelievable for Amor to falsely accused his father just to advan
ce the ill-feeling of her uncle. y The Trial Court is correct in convicting him
but they were wrong on sentencing him to death. y TC imposed the penalty of deat
h because Amor was under 18 yrs old at the time of the commission of the crime.
However, in people v Garcia ,it was held that for age as a special qualifying ci
rcumstances it must be alleged in
1. 2.
y
y y
the information and if it is not alleged but proven it will be considered as an
aggravating circumstances since the latter may be proven even if not alleged . I
t is the fundamental rule that every element of an offense must be alleged in th
e complaint. The purpose of the rule is ti enable the accused to prepare his def
ense. The penalty should be reclusion perpetua. The TC was also wrong on awardin
g P 100 000 as actual damage and moral damages because the prosecution failed to
present any evidence regarding actual damages. However Amor is entitled to P50K
moral damages as it requires no proof of mental and physical suffering , P25k a
s exemplary damages for each raped and P50k as civil indemnity for each count of
rape. People v Arillas June 19 2000; Puno J.
Facts: 12. Two cases were consolidated. 13. In the morning of Dec. 23 1995, Amor
Arillas was sweeping their backyard, then her father called to prepare for brea
kfast. At that time her brothers were grazing their carabao in the mountains, he
r sisters were washing clothers in the creek about 300-400 meters away from thei
r house and her mother was selling soft drink and bread in the rice field. 14. W
hile doing Amor was doing her chore, her father embraced her and forcibly kissin
g her. Amor resisted but her father kick her on the right buttocks and successfu

lly had carnal knowledge with her. It was Amors 1st time. 15. The appellant then
threatened not tell anyone or something bad would happen. She was afraid of her
father and did not want her family broken so she didnt tell anyone and hope that
the bestial act will not happen. 16. However on Feb 10 1996, while preparing for
lunch her father again forcibly rape her despite the resistance of Amor. 17. Af
ter the 2nd incident, the father again threaten her not to tell anyone. 18. On A
pril 1 1996, she finally found the courage to report the incident. Amor then und
erwent medical examination and it was learned from Dr Mylene Chavez Milla that s
he has 5 old lacerations. She even testified that Amors hymen admits two fingers
with ease which indicates that penetration was made more than once. 19. Romeo De
cena, Assistant Local Civil Registrar, testified that Amor was under 18 yrs old.
20. In defense, Romeo Arillas said that on Dec 23 1995 he was in the farm and t
hat on Feb 10 1996 he was repairing an irrigation pump in San Jose,

Minalabac, Camarines Sur. He also reason the it was due to the ill-motive of his
in-laws because he left his brother-in-law drunk during a fiesta in Bula 21. Th
e trial court found Romeo Arillas guilty 22. On appeal, Romeo contends that even
if his defense is merely denial and alibi,reasonable doubt exist as to his guil
t Issue: Is he guilty of rape? Held: yes, Romeo Arillas was not able to prove th
at it was physically impossible for him to be at the commission of the crime as
he was just in the rice field. The positive assertions of his daughter that he r
aped her are given a greater weight. Rationale: y The contention of Romeo that t
he case filed against him were out of illfeeling will not stand. Aside from the
fact that he failed to prove this, it is highly unbelievable for Amor to falsely
accused his father just to advance the ill-feeling of her uncle. y The Trial Co
urt is correct in convicting him but they were wrong on sentencing him to death.
y TC imposed the penalty of death because Amor was under 18 yrs old at the time
of the commission of the crime. However, in people v Garcia ,it was held that f
or age as a special qualifying circumstances it must be alleged in the informati
on and if it is not alleged but proven it will be considered as an aggravating c
ircumstances since the latter may be proven even if not alleged . y It is the fu
ndamental rule that every element of an offense must be alleged in the complaint
. The purpose of the rule is ti enable the accused to prepare his defense. y The
penalty should be reclusion perpetua. y The TC was also wrong on awarding P 100
000 as actual damage and moral damages because the prosecution failed to presen
t any evidence regarding actual damages. However Amor is entitled to P50K moral
damages as it requires no proof of mental and physical suffering , P25k as exemp
lary damages for each raped and P50k as civil indemnity for each count of rape.
Gen. T. de Leon, Valenzuela , Metro Manila. But he stayed and slept in an apartm
ent also owned by Isip, located 10 meters away from the unfinished house. 2. Ma.
Victoria Chan was 12 year old girl who was Isipsneighbor. 3. 25 June 1995 - at 8
a.m., Mahinay joined Gregorio Rivera in a drinking spree. Around 10 a.m., Mahin
ay, who was already drunk, left Rivera and asked permission from Isip to go out
with his friends. 4. 25 June 1995
Elvira Chan, Victorias mother, noticed her daug
hter was missing 5. 26 June 1995 a certain Boy found Victorias body inside a sept
ic tank in the compound. 6. It was found that Victoria died of asphyxiation by m
anual strangulation. It was also found that she had traumatic head injury and la
cerations on her hymen. 7. Isip informed SPO1 ArsenioNacis and SPO1 Arnold Alaba
stro were by that Larry Mahinay was missing. She said that it was unlikely for M
ahinay to just disappear from the apartment since whenever he would go out, he w
ould normally return on the same day or early morning of the following day. 8. A
t the second floor of the house under construction, Victorias clothes were retrie
ved. 9. Mahinays underwear, leather wallet, pair of dirty long pants and pliers w
ere found in the yard three arms length away from the septic tank. 10. SPO1 Virg
ilioVillano retrieved the Victoria's underwear from the septic tank. 11. Mahinay
was arrested in Barangay ObarioMatala, Ibaan, Batangas. 12. 07 July 1995
Mahina
y, with the assistance of Atty. RestitutoViernes, executed an extra-judicial con
fession wherein he narrated in detail how he raped and killed the victim. 13. 10
July 1995 - Mahinay was charged with rape with homicide. 14. Mahinay was convic
ted and sentenced to death. 15. Upon automatic appeal to the Supreme Court, Mahi
nay argues that the circumstantial evidence to prove his guilt are insufficient
to prove his guilt and his confession was acquired because he was threatened tha
t he would be salvaged. Issue: Is the conviction of Mahinay by the trial court cor
rect? Held: Yes, the conviction of Mahinay by the trial court is correct. 1. con
viction may be had on circumstantial evidence provided that the following requis
ites concur: a. there is more than one circumstance b. the facts from which the
inferences are derived are proven c. the combination of all the circumstances is
such as to produce a conviction beyond reasonable doubt 2. Circumstantial evide
nce: a. Testimony of Norgina Rivera, sister-in-law of Isip, that Mahinay was une
asy, worried, drunk, in deep thought and walking in a zigzag manner when he came
to her store at 9:00 p.m. on 25 June 1995 to buy lugaw.
People vs.Mahinay 01 February 1999; Per Curiam If a woman over 12 years old was

raped, she has to prove there was sexual intercourse and it was done through for
ce, violence, intimidation or threat Facts: 1. 20 November 1993
Larry Mahinay st
arted working as a houseboy to Maria Isip. He was in charge of taking care of Is
ips house which was under construction adjacent to her old residence situated ins
ide a compound at No. 4165 Dian Street,

b. Testimony of Sgt. Roberto G. Suni that he met Mahinay between 6-7 p.m. on 25
June 1995 while walking to his in-laws which is about 50 to 75 meters away to th
e unfinished big house of Isip and that he saw Maria Victoria Chan standing at t
he gate of the unfinished big house of Maria Isip between 8:00 and 9:00 in the s
ame evening c. Testimony of Isip that Mahinay left on the morning of 25 June 199
5 and did not come back until he was arrested. d. Testimony of Fernando Trinidad
, a passenger jeepney driver, that Mahinay was one of his passengers on June 26,
1995 at 2:00 early morning and alighted on top of the overpass of the North Exp
ressway e. Victorias personal belongings were found in the unfinished big house o
f Isip where Mahinay slept on the night of the incident f. Mahinay gave his conf
ession willingly. There was no evidence of maltreatment and he was apprised of h
is rights by the assisting counsel in Tagalog. g. Mahinays testimony in court is
incredible. He testified that he was sleeping in the second floor of the unfinis
hed house when Zaldy, a co-worker and Boyet arrived in his house carrying the co
rpse of Victoria and that they threatened him with a knife to rape the dead body
of Victoria but he refused. h. Mahinay would have professed his innocence to Co
l. Maganto, a high ranking police officer or the lady reporter who interviewed h
im if he was truly not guilty. 3. If a woman over 12 years old was raped, she ha
s to prove: a. there was sexual intercourse b. the rape was done through force,
violence, intimidation or threat 4. If a woman under 12 years old was raped, pro
of of force and consent becomes immaterial because: a. force is not an element o
f statutory rape b. the absence of a free consent is presumed when the woman is
below such age 5. Sexual intercourse was proven by the examination of the doctor
and extra-judicial confession of Mahinay. 6. Force and violence was proven by t
he wounds, contusions and abrasions found on the victims body and Mahinays account
that he pushed Victoria, causing her to hit her head on the table and become un
conscious after which he raped her. 7. When by reason or on occasion of the rape
, a homicide is committed, the penalty shall be death (Article 335 of the Revise
d Penal Code (RPC), as amended by R.A. 7659) Conviction affirmed, indemnity incr
eased from P50,000 to P75,000 plus P50,000 moral damages.
Facts: 1. 2. 3. 4. 5. 6. 7. 8. May 5, 1994 (10pm) Catalina (15) and her two frie
nds (male) went to a dance party 11pm they were going home On the way home they
stopped to rest on a shed beside the school AgapitoQuinanola (member of the PNP)
and Eduardo Escudero suddenly appeared with a gun Agapito forcibly took Catalin
a pointing the gun at her Eduardo took the 2 boys, but the two boys were able to
escape Agapito and Eduardo tricked Catalina into going at the back of the schoo
l Agapito with the aid of Eduardo raped Catalina a. Eduardo held Catalinas legs b
. Agapito inserted his penis in Catalinas organ c. They took turns in raping her
Catalina felt the penis in her organ Agapito and Eduardo left and Catalina ran h
ome Catalinas mom and sister found out and told told Guillermo (Catalinas brotherin-law) They reported the incident to the police Catalina was examined by the do
ctor a. But the doctor said that the hymen was not broken and that the diameter
of her orifice was too small to preclude complete penetration of an average-size
adult penis in erection without producing laceration Agapito claims that he was
in Naga with his wife fixing the house Eduardo contends that a. Catalina made u
p the story due to her in-laws grudges against him b. He went fishing that day an
d then went on a drinking spree till midnight RTC: Guilty of Frustrated Rape
9. 10. 11. 12. 13.
14. 15.
16. Issue: 1. 2. Held: 1.
WON the Catalinas Credibility is doubtful? WON the court erred in declaring them
guilty of frustrated rape?
NO. a. It is unbelievable that a young barrio lass would concoct a tale of deflo
ration publicly admit having been ravished and her honor tainted allow the exami

nation of her private parts, and undergo all the trouble and inconvenience not t
o mention the trauma and
People v. Quinanola May 5, 1999 < Partial penetration is as good as full penetra
tion > <Presumption is barrio lass wont lie about being raped>

b. 2. Yes a.
scandal of a public trial had she not in fact been raped and truly moved to prot
ect and preserve her honor as well as to obtain justice, for the wicked acts com
mitted against her. The court finds no reason for Catalina to lie. As declared i
n People v. Orita there is no such crime of frustrated rape. The medical examina
tion merely stated that the smallness of the vaginal orifice only precludes COMP
LETE penetration. This does not mean that rape has not been committed. Carnal kn
owledge need not require the vagina be penetrated or the hymen to rupture. The c
rime of rape is consummated the moment the penis enters the labia or the lips of
the female organ or merely touching of the external genetalia by the penis. A b
roken hymen is not a requirement in fact sometimes women get pregnant without it
getting broken. Partial penetration is as good as full penetration.
b.
c. d.
e. f.