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7/25/2019 Assignment Legal Research Jurisprudence Rape
1/4
Lourleth Lluz I-B
People of the Philippines
-vs-
Alberto Mahinay
Facts:
AAA, a 15 year old and retarded, while at her neighbors house was raped
by Mahinay. She tried to break free but the accused threatened to kill her, thus,
she was not able to shout or ask for help. Only 5 days later when BBB learned
what happened to her daughter when a barangay tanod informed her.
AAA was medically examined where she had incomplete healed lacerations.
The defense on the other hand, presented witnesses to debunk the accusations
against him.
The RTC has rendered its decision, convicting Mahinay of rape beyond
reasonable doubt, sentencing him to a penalty of reclusion perpetua.
The case was sent to the Court of Appeals for automatic review to which
was affirmed with modification to the award of damages.
Thus, this appeal before this Court.
Issue:
a. Whether or not the appellant is guilty of rape.
b. Whether or not the lack of resistance of AAA and delay in the reporting of
the incident preclude that she consented to the sexual act.
7/25/2019 Assignment Legal Research Jurisprudence Rape
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Ruling:
a. Yes. There is no merit to Mahinays contention that it was improbable for
him to rape AAA since there were other people in the house. AAAs
testimony clearly stated that the people referred by Mahinay to be insidethe house were actually outside during the incident.
The Trial Courts choice is given the highest respect by the Court
because they are the ones who were able to observe the demeanor of the
witnesses. In the case of the appellant, the trial court observed that he was
hesitant, uneasy and evasive to the questions of the prosecution. Thus, the
Supreme Court affirmed the decision of the Court of Appeals.
b.
No. The Supreme Court held that a delay in the reporting of the
commission of rape is not an indication of fabricated charge and failure to
report immediately does not mean that the victim consented to the act.
Many victims of rape, according to People vs Genom, never complain or file
criminal charged against the rapist for they prefer to silently bear the
ignominy and pain rather than reveal their shame to the world or risk the
offenders threats.
The fact that AAA did not shout or make an outcry when there were nearbypersons does not mean she was not raped. The workings of the human
mind under emotional stress are unpredictable; people react differently in
such situations: some may shout; sine may faint; some may be shocked into
insensibility; others may welcome their intrusion.
7/25/2019 Assignment Legal Research Jurisprudence Rape
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People of the Philippines
-vs-
Agapito Flores
Facts:
Agapito Flores, while his wife and other children were not in the house,
raped his daughter Ma. Christina. The appellant pointing the knife to the
victim, instructed her to take off all of her clothes and raped her.
Rosario Flores, the mother of the victim, discovered what his husband did
to her daughter. She reported immediately the incident to the police
authorities. She was examined and results were that her hymen had
healed lacerations. The victim also testified before the court that she was
abused and raped by her father 4 times already since Grade 4. The defense
rebutted that the charge was only fabricated because Rosario was mad athim.
The RTC rendered its decision sentencing Flores the penalty of death for
the crime rape beyond reasonable doubt.
Thus, this appeal before this Court.
Issues:
a. Whether or not the inconsistencies in the testimony of the victim
impairs the integrity of the prosecutions evidence.
b. Whether or not the trial court erred in imposing death penalty against
the accused.
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Ruling:
a. No. Appellate Courts will not disturb the findings of the trial court
because the trial court enjoys the badge of respect since they have the
advantage of observing the demeanor of witnesses as they testify in court
and are able to detect whether they are telling the truth or not.
The victim was able to testify before the court in a clear and
straightforward manner. The way she answered the questions would
indicate that she would not undergo the pains of a public trial thereby
exposing herself to humiliation and embarrassment if her accusations were
not true against her father. It is unthinkable for a daughter to falsely
impute the crime of rape against her father if it was not real.
The inconsistencies cited by the appellant in the testimony of the
victim do not discredit her as a witness. They only refer to minor details
and collateral matters which do not really affect either the substance of her
declaration and its veracity.
b. Yes. The trial court erred in imposing death penalty on accused-
appellant. The information failed to allege the relationship of theaccused to the victim. The seven modes of committing rape under RA
7659 warrant automatic imposition of death penalty partake of a nature
of a qualifying circumstance under the Revised Penal Code since it
increases the penalty of rape to one degree. But it would be a denial of
right of the accuse to be informed of the charges against him and denial
of due process if he is charged with simple rape only on which he is
arraigned and be convicted of qualified rape punishable by death. Thus,
accused appellant should only suffer the penalty of reclusion perpetua.