This case has been cited 2 times or more.
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2006-08-10 |
CORONA, J. |
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| SO ORDERED.[8] (emphasis ours) | |||||
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2003-02-04 |
PER CURIAM |
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| A- After he had raped me I went back to sleep again.[40] (Emphasis supplied) As reflected in the above-quoted portion of Carol's testimony, aside from undressing private complainant, there is no showing that accused-appellant had sexual intercourse with her. Nor is there any showing of lewd designs for the acts to be considered as lascivious. The testimony, however, shows that accused-appellant, by means of threats, successfully undressed Carol against her will, facts that constitute the elements of grave coercion as defined in Article 286 of the Revised Penal Code. [41] The elements of grave coercion were not, however, sufficiently alleged in the information under Criminal Case No. 49825 and, in view of the right of an accused to be informed of the nature and cause of the accusation against him,[42] accused-appellant may not be convicted of grave coercion. | |||||