Assignment Legal Research Jurisprudence Rape

Embed Size (px)

Citation preview

  • 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

    2/4

    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

    3/4

    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.

  • 7/25/2019 Assignment Legal Research Jurisprudence Rape

    4/4

    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.