PEOPLE OF THE

PHILIPPINES, plaintiff-
appellee, vs. ROMEO G.
JALOSJOS,
accused-appellant.

Facts:

The victim of rape in

this case was a minor below
twelve (12) years of age,
who herself narrated the
shameful details of the
dastardly act against her
virtue. The victim was
peddled for commercial sex
by her own guardian whom
she treated as a foster
father. Because the
complainant was a willing
victim, the acts of rape
were preceded by several
acts of lasciviousness on
distinctly separate
occasions. The accused was
then Congressman Romeo
Jalosjos who, inspite of his
having been charged and
convicted by the trial court
for statutory rape, was still
re-elected to his
congressional office. On
December 16, 1996, two (2)
informations for the crime
of statutory rape and
twelve (12) for acts of
lasciviousness, were filed
against accused-appellant.

The victim, Maria Rosilyn,

grew up in a two-storey
apartment in Pasay City
under the care of Simplicio
Delantar, whom she
treated as her own father.
Simplicio was a fifty-six
year old homosexual whose
ostensible source of income
was selling longganiza and
tocino and accepting
boarders at his house. He,
however, was also engaged
in the skin trade as a pimp.

Rosilyn ran away

from home with the help of
one of their boarders. They
went tothe Pasay City
Police where she executed
a sworn statement against
Simplicio Delantar. Rosilyn
was thereafter taken to
the custody of the
Department of Social
Welfare and Development
(DSWD).The National
Bureau of Investigation
(NBI) conducted an
investigation, which
eventually led to the filing
of criminal charges against
accused-appellant He was
also convicted on six (6)
counts of acts of
lasciviousness.

Issue:
WHETHER OR NOT THE
TRIAL COURT
GRIEVOUSLY ERRED IN
FINDING THAT RAPE
WAS COMMITTED
AGAINST THE PRIVATE
COMPLAINANT.

Held:

No. In this case

statutory rape was
committed in People v.
Campuhan, we explained
that the phrase, "the mere
touching of the external
genitalia by the penis
capable of consummating
the sexual act is sufficient
to constitute carnal
knowledge. The inevitable
contact between accused-
appellant's penis, and at
the very least, the labia of
the pudendum of Rosilyn,
was confirmed when she
felt pain inside her vagina
when the "idiniin" part of
accused-appellant's sex
ritual was performed.
At the time of
commission of the crimes
complained of herein in
1996, statutory rape was
penalized under Section 11
of R.A. 7659, which
amended Article 335 of
the Revised Penal Code, to
wit: When and how rape is
committed. — Rape is
committed by having carnal
knowledge of a woman
under any of the following
circumstances: 1. By using
force or intimidation; 2.
When the woman is
deprived of reason or
otherwise unconscious; and
3. When the woman is
under twelve years of age
or is demented
People vs. Cabalquinto
PEOPLE VS SIAO
FACTS

Accused-appellant Rene
Siao together with Reylan
Gimena were charged
before the Regional Trial
Court of the City of Cebu
with the crime of rape. It
is alleged that Ester
Raymundo and Reylan
Gimena were forced and
intimidated at gunpoint by
accused-appellant Rene
Siao to have carnal
knowledge of each other.
Rene Siao called Reylan
Gimena inside the womens
quarter. After Rene Siao
closed the door, he told
Reylan, "Reylan, birahi si
Ester". Since Reylan was at
a loss as to what to do,
Rene Siao commanded
Ester at gunpoint to "suck
(um-um) the penis" of
Reylan Gimena. Both
[13]

Reylan and Ester

performed the sexual act
because they were afraid
they will be killed.
Thereafter, accused-
appellant commanded
Reylan to rape Ester in
three (3) different
positions, pointing the
handgun at them the whole
time.

ISSUE

Whether or not Siao is

guilty of crime of rape by
inducement
RULING

Yes. Rene Siao forced

and intimidated at gunpoint
Ester Raymundo and Reylan
Gimena to have carnal
knowledge of each other,
we are convinced that the
same has been adequately
proved by the prosecutions
evidence. Even as under
settled jurisprudence, the
evidence for conviction
must be clear and
convincing to overcome the
constitutional presumption
of innocence, we find the
straightforward, consistent
and candid manner in which
Ester Raymundo related
her harrowing experience
in the hands of accused-
appellant as bearing all the
earmarks of verity. Not
only that, the
corroborative testimony of
Reylan Gimena was
consistent in material
respects with that of Ester
Raymundo.

The testimony of Ester and

Reylan were assessed by
the trial court to be
credible. Unless certain
facts of substance and
value were overlooked
which, if considered, might
affect the result of the
case, its assessment must
be respected for it had the
opportunity to observe the
conduct and demeanor of
the witnesses while
testifying and detect if
they are lying.[14] We find
no reason to deviate from
the findings of the trial
court. If their story had
only been contrived, Ester
and Reylan would not have
been composed and
consistent in the face of
such intens
PEOPLE OF THE
PHILIPPINES, plaintiff-
appellee, vs. ROMEO G.
JALOSJOS,
accused-appellant.
Facts:

The victim of rape in

this case was a minor below
twelve (12) years of age,
who herself narrated the
shameful details of the
dastardly act against her
virtue. The victim was
peddled for commercial sex
by her own guardian whom
she treated as a foster
father. Because the
complainant was a willing
victim, the acts of rape
were preceded by several
acts of lasciviousness on
distinctly separate
occasions. The accused was
then Congressman Romeo
Jalosjos who, inspite of his
having been charged and
convicted by the trial court
for statutory rape, was still
re-elected to his
congressional office. On
December 16, 1996, two (2)
informations for the crime
of statutory rape and
twelve (12) for acts of
lasciviousness, were filed
against accused-appellant.

The victim, Maria Rosilyn,

grew up in a two-storey
apartment in Pasay City
under the care of Simplicio
Delantar, whom she
treated as her own father.
Simplicio was a fifty-six
year old homosexual whose
ostensible source of income
was selling longganiza and
tocino and accepting
boarders at his house. He,
however, was also engaged
in the skin trade as a pimp.
 Rosilyn ran away
from home with the help of
one of their boarders. They
went tothe Pasay City
Police where she executed
a sworn statement against
Simplicio Delantar. Rosilyn
was thereafter taken to
the custody of the
Department of Social
Welfare and Development
(DSWD).The National
Bureau of Investigation
(NBI) conducted an
investigation, which
eventually led to the filing
of criminal charges against
accused-appellant He was
also convicted on six (6)
counts of acts of
lasciviousness.

PEOPLE OF THE
PHILIPPINES, plaintiff-
appellee, vs. ROMEO G.
JALOSJOS,
accused-appellant.

Facts:

The victim of rape in

this case was a minor below
twelve (12) years of age,
who herself narrated the
shameful details of the
dastardly act against her
virtue. The victim was
peddled for commercial sex
by her own guardian whom
she treated as a foster
father. Because the
complainant was a willing
victim, the acts of rape
were preceded by several
acts of lasciviousness on
distinctly separate
occasions. The accused was
then Congressman Romeo
Jalosjos who, inspite of his
having been charged and
convicted by the trial court
for statutory rape, was still
re-elected to his
congressional office. On
December 16, 1996, two (2)
informations for the crime
of statutory rape and
twelve (12) for acts of
lasciviousness, were filed
against accused-appellant.

The victim, Maria Rosilyn,

grew up in a two-storey
apartment in Pasay City
under the care of Simplicio
Delantar, whom she
treated as her own father.
Simplicio was a fifty-six
year old homosexual whose
ostensible source of income
was selling longganiza and
tocino and accepting
boarders at his house. He,
however, was also engaged
in the skin trade as a pimp.

Rosilyn ran away

from home with the help of
one of their boarders. They
went tothe Pasay City
Police where she executed
a sworn statement against
Simplicio Delantar. Rosilyn
was thereafter taken to
the custody of the
Department of Social
Welfare and Development
(DSWD).The National
Bureau of Investigation
(NBI) conducted an
investigation, which
eventually led to the filing
of criminal charges against
accused-appellant He was
also convicted on six (6)
counts of acts of
lasciviousness.

Issue:
WHETHER OR NOT THE
TRIAL COURT
GRIEVOUSLY ERRED IN
FINDING THAT RAPE
WAS COMMITTED
AGAINST THE PRIVATE
COMPLAINANT.
Held:

No. In this case

statutory rape was
committed in People v.
Campuhan, we explained
that the phrase, "the mere
touching of the external
genitalia by the penis
capable of consummating
the sexual act is sufficient
to constitute carnal
knowledge. The inevitable
contact between accused-
appellant's penis, and at
the very least, the labia of
the pudendum of Rosilyn,
was confirmed when she
felt pain inside her vagina
when the "idiniin" part of
accused-appellant's sex
ritual was performed.
 At the time of
commission of the crimes
complained of herein in
1996, statutory rape was
penalized under Section 11
of R.A. 7659, which
amended Article 335 of
the Revised Penal Code, to
wit: When and how rape is
committed. — Rape is
committed by having carnal
knowledge of a woman
under any of the following
circumstances: 1. By using
force or intimidation; 2.
When the woman is
deprived of reason or
otherwise unconscious; and
3. When the woman is
under twelve years of age
or is demented

People vs. Cabalquinto

Issue:
WHETHER OR NOT THE
TRIAL COURT
GRIEVOUSLY ERRED IN
FINDING THAT RAPE
WAS COMMITTED
AGAINST THE PRIVATE
COMPLAINANT.

Held:
 No. In this case
statutory rape was
committed in People v.
Campuhan, we explained
that the phrase, "the mere
touching of the external
genitalia by the penis
capable of consummating
the sexual act is sufficient
to constitute carnal
knowledge. The inevitable
contact between accused-
appellant's penis, and at
the very least, the labia of
the pudendum of Rosilyn,
was confirmed when she
felt pain inside her vagina
when the "idiniin" part of
accused-appellant's sex
ritual was performed.
At the time of
commission of the crimes
complained of herein in
1996, statutory rape was
penalized under Section 11
of R.A. 7659, which
amended Article 335 of
the Revised Penal Code, to
wit: When and how rape is
committed. — Rape is
committed by having carnal
knowledge of a woman
under any of the following
circumstances: 1. By using
force or intimidation; 2.
When the woman is
deprived of reason or
otherwise unconscious; and
3. When the woman is
under twelve years of age
or is demented

People vs. Cabalquinto

e and lengthy
interrogation.