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PEOPLE v. EDUARDO LIGOTAN Y FABELLA

This case has been cited 5 times or more.

2010-12-08
PEREZ, J.
Appellant's claim that the possible reason why he was implicated in this grievous crime is because AAA had a crush on him, is simply unacceptable to this Court. Aside from being self-serving, it also lacks sufficient basis.  Similarly, it is highly inconceivable that AAA in her condition as a mental retardate with a mental age of an eight-year-old-child would fabricate a charge of defloration, allow an examination of her private parts, and thereafter submit herself to a public trial or ridicule, if she had not, in fact, been a victim of rape and deeply motivated by a sincere desire to have the culprit apprehended and punished.[57]  Plainly, only a woman seeking justice with truth as her weapon could have braved this calvary.[58]
2010-07-28
LEONARDO-DE CASTRO, J.
The gravamen of the offense of statutory rape, as provided for in Article 266-A, paragraph 1(d) of the Revised Penal Code, as amended, is the carnal knowledge of a woman below 12 years old.  Sexual congress then with a girl under 12 years of age is always rape. Thus, force, intimidation or physical evidence of injury are immaterial.[22]
2010-07-13
MENDOZA, J.
From the foregoing narration, sexual intercourse was clearly proven. Moreover, the prosecution more than sufficiently established that the victim was only 9 years old at the time of the rape incident, as evidenced by her Certificate of Live Birth.[20] Undeniably, the case is one of statutory rape, the gravamen of which is the carnal knowledge of a woman below 12 years old. Sexual congress with a girl under 12 years is always rape. Thus, force, intimidation or physical evidence of injury is immaterial.[21]
2010-01-06
LEONARDO-DE CASTRO, J.
From the foregoing narration, sexual intercourse was clearly proven. Moreover, the prosecution has adequately established that the complainant was only 10 years old at the time of the rape incident, as evidenced by her Certificate of Live Birth.[20] Undeniably, the instant case is one of statutory rape, the gravamen of which is the carnal knowledge of a woman below 12 years old. Sexual congress with a girl under 12 years is always rape. Thus, force, intimidation or physical evidence of injury is immaterial.[21]
2003-11-27
SANDOVAL-GUTIERREZ, J.
The gravamen of the offense of statutory rape is carnal knowledge of a woman below twelve (12) years old. [11] In statutory rape, force, intimidation or physical evidence of injury is immaterial.[12] Where the girl is below 12 years of age, violence or intimidation is not required, and the only subject of inquiry is whether carnal knowledge took place.[13]