This case has been cited 5 times or more.
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2008-12-23 |
QUISUMBING, J. |
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| The crime of grave coercion has three elements: (a) that a person is prevented by another from doing something not prohibited by law, or compelled to do something against his or her will, be it right or wrong; (b) that the prevention or compulsion is effected by violence, either by material force or such a display of it as would produce intimidation and, consequently, control over the will of the offended party; and (c) that the person who restrains the will and liberty of another has no right to do so; in other words, that the restraint is not made under authority of law or in the exercise of any lawful right.[17] | |||||
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2004-06-29 |
QUISUMBING, J. |
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| Consensual sexual congress as an affirmative defense needs convincing proof such as love notes, mementos, and credible witnesses attesting to the consensual romantic relationship between the offender and his supposed victim.[34] Having admitted to carnal knowledge of the complainant, the burden shifts to the appellant to prove his defense by substantial evidence.[35] In the instant cases, however, we find that other than appellant's preposterous tale, there is no scintilla of evidence whatsoever to support his changed theory based on the victim's alleged consent. Furthermore, even assuming arguendo, that there was some form of amorous relationship, such averment will not necessarily rule out the use of force or intimidation by appellant to have sex against her will.[36] | |||||
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2002-02-28 |
PER CURIAM |
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| Aside from alleging the necessary elements of the crimes, the prosecution convincingly established that the carnal knowledge was committed through force and intimidation. Moreover, the prosecution sufficiently proved beyond reasonable doubt that accused-appellant succeeded in forcibly abducting the complainant with lewd designs, established by the actual rape. [40] | |||||
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2001-04-30 |
YNARES-SANTIAGO, J. |
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| The elements of the crime of forcible abduction, as defined in Article 342 of the Revised Penal Code, are: (1) that the person abducted is any woman, regardless of her age, civil status, or reputation; (2) that she is taken against her will; and (3) that the abduction is with lewd designs. On the other hand, rape is committed by having carnal knowledge of a woman by force or intimidation, or when the woman is deprived of reason or is unconscious, or when she is under twelve years of age.[6] | |||||