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Table of Contents
PEOPLE vs. EDUARDO SAMPIOR......................2
PEOPLE vs. FRANCISCO BLANCAFLOR.............2
PEOPLE vs. ROBERTO ABAY.............................2
PEOPLE VS. RODOLFO SUYU..........................2
PEOPLE vs. JERRY NAZARENO.........................3
PEOPLE vs. HENRY GUERRERO........................3
PEOPLE vs. ROMEO SANTOS...........................3
PEOPLE vs. MARIO SANTIAGO.........................3
PEOPLE vs. JOSELITO PASCUA.........................4
PEOPLE vs. RODEL ANTIVOLA.........................4
PEOPLE vs. EDGARDO BARCENA.....................4
PEOPLE vs. LITO MACAPANAS..........................5
PEOPLE vs. MARIANO AUSTRIA........................5
PEOPLE vs. RUSTICO BARTOLINI......................5
PEOPLE vs. SALVADOR ORILLOSA....................6
PEOPLE vs. ALEJANDRO RELLOTA....................6
PEOPLE vs. HIPOLITO PASCUA.........................6
PEOPLE vs RENE SANTOS...............................7
PEOPLE vs. CORONA, MELCHOR CABALQUINTO7
PEOPLE vs. ROMEO G. JALOSJOS.....................7
PEOPLE vs. RENE SIAO....................................8
2
G.R. No. 117691; March 1, 2000 A child of tender years would blindly follow her "stepfather" who not only
PEOPLE vs. EDUARDO SAMPIOR exercised strong, moral and physical ascendancy over her, but who made
explicit threats on her life should she make any noise.
FACTS:
Around 10:00 o'clock' in the morning, appellant returned to their house G.R. No. 177752; February 24, 2009
alone. He told the two small girls to go downstairs and play. The two
obeyed, leaving only the appellant, the private complainant, and the PEOPLE vs. ROBERTO ABAY
sleeping infant. After private complainant placed her charge in his cradle, FACTS:
appellant suddenly pulled her towards him and began to take off her shirt
and panty. Private complainant resisted and told him that she did not like In December 1999, appellant by means of force and intimidation, commit
that he was doing to her. Appellant persisted in his efforts. He forced her to
sexual abuse and lascivious conduct against the victim, a minor, 13 years
lie down on the floor and removed her panty. The accused then removed
his pants and brief and placed himself on top of her. He held his penis and of age, by then and there kissing her breast and whole body, lying on top of
inserted it into the vagina of the complainant. After a short while, the her and inserting his penis into her vagina, thus succeeded in having
appellant pulled out his genital organ, which emitted a fluid-like substance. carnal knowledge of her, against her will and consent thereafter threatening
He then told complainant to dress up. to kill her should she report the incident, thereby gravely endangering her
ISSUE: survival and normal growth and development, to the damage and prejudice
of the victim.
Whether or not the appellant is guilty of rape.
HELD: ISSUE:
in People v. Erinia, the Court held that there being no conclusive evidence Whether or not Roberto Abay y Trinidad is guilty of the crime of rape.
of the penetration of the genital organ of the offended party, the defendant
was entitled to the benefit of the doubt, and could only be found guilty of HELD:
frustrated rape. However, later cases have overruled Erinia. The Court held Under Section 5(b), Article III of RA 7610 in relation to RA 8353, if the victim
that the crime of frustrated rape is non-existent in our criminal law. In of sexual abuse is below 12 years of age, the offender should not be
abandoning Erinia, the Court declared that the merest touch of the male prosecuted for sexual abuse but for statutory rape under Article 266-A(1)(d)
organ upon the labia of the pudendum, no matter how slight, consummates of the Revised Penal Code and penalized with reclusion perpetua. On the
the rape. other hand, if the victim is 12 years or older, the offender should be
charged with either sexual abuse under Section 5(b) of RA 7610 or rape
under Article 266-A (except paragraph 1[d]) of the Revised Penal Code.
In this case, the victim was more than 12 years old when the crime was
G.R. No. 130586 ; January 29, 2004 committed against her. The Information against appellant stated that AAA
PEOPLE vs. FRANCISCO BLANCAFLOR was 13 years old at the time of the incident. Therefore, appellant may be
prosecuted either for violation of Section 5(b) of RA 7610 or rape under
FACTS: Article 266-A (except paragraph 1[d]) of the Revised Penal Code.
Mylene recounted that one very early morning sometime during the last
week of July, 1995, her mother, a fish vendor who leaves their home at
dawn everyday, woke her up and asked her to transfer from the floor where G.R. NO. 170191, August 16, 2006
she (Mylene) was sleeping, to the bed where her four-year old brother PEOPLE VS. RODOLFO SUYU
slept. Mylene then transferred and slept on the bed. At around 3:30 or 4:00
that same morning, she was again roused from sleep when she felt FACTS:
appellant on top of her, with his penis already at the entrance of her vagina. On or about January 13, 1996, the ccused, Rodolfo Suyu alias Rudy,
She could not do anything as her hands were pinned against appellants Rommel Macarubbo y Licawan alias Rommel Bariuan, Francis Cainglet y
chest and he was threatening to kill all of them with a gun that was then Gargolla and Willy Suyu, armed with guns and sharp-pointed bladed
just beside him. Appellant went on to push his penis into her vagina, instrument with intent to gain by the use of threat, violence and intimidation
continuing to touch her breast and vagina. of persons, conspiring together and helping one another, take, steal and
ISSUE: carry away against the will of the owner.
Whether or not the accused is guilty of the crime of Rape. On the same occasion of the robbery, the above-named accused, likewise,
armed with their aforesaid arms, with lewd design and by the use of force,
HELD: violence, threat and intimidation, have sexual intercourse with the aforesaid
The force or violence necessary in rape is a relative term that depends not party, Clarissa B. Angeles, against her will.
only on the age, size, and strength of the persons involved but also on their ISSUE:
relationship to each other. In a rape committed by a father against his own
daughter, the formers parental authority and moral ascendancy over the Whether or not the a ccused-appellants are guilty of the crime charged.
latter substitutes for violence or intimidation who, expectedly, would just HELD:
cower in fear and resign to the fathers wicked deeds.
To be convicted of robbery with rape, the following elements must concur:
(1) the taking of personal property is committed with violence or
intimidation against persons; (2) the property taken belongs to another; (3)
3
the taking is characterized by intent to gain or animus lucrandi; (4) the It is a settled rule that the force contemplated by law in the commission of
robbery is accompanied by rape.[90] rape is relative, depending on the age, size strength of the parties. It is not
necessary that the force and intimidation employed in accomplishing it be
The intent to rob must precede the rape. In robbery with rape, the intention
so great and of such character as could not be resisted; it is only
of the felony is to rob and the felony is accompanied by rape. The rape
necessary that the force or intimidation be sufficient to consummate the
must be contemporaneous with the commission of the robbery. We note
purpose which the accused had in mind.
that aside from raping the victim, appellant Rodolfo Suyu inserted his finger
in her sexual organ. Appellant Suyu, thus, committed sexual assault as By itself, the act of holding a knife is strongly suggestive of force or at least
defined and penalized in Article 266-A, paragraph 2 of Republic Act No. of intimidation, more so if the knife was directed at a minor, as in this case.
8353.[91] Also, aside from Rodolfo Suyu, Cainglet raped the victim. Clearly, AAA could not be expected to act with equanimity and with nerves
Nevertheless, there is only one single and indivisible felony of robbery with of steel, or to act like an adult or a mature and experienced woman who
rape and any crimes committed on the occasion or by reason of the would know what to do under the circumstances, or to have the courage
robbery are merged and integrated into a single and indivisible felony of and intelligence to disregard the threat. Under the circumstances obtaining
robbery with rape. in this case, the overt acts of the appellant were sufficient to bring AAA into
submission.
ISSUE:
Whether or not appellant Rene Santos is guilty of the crime of rape. GR NOS. 132875-76, November 16, 2001