This case has been cited 5 times or more.
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2014-02-19 |
LEONARDO-DE CASTRO, J. |
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| The penalty for qualified attempted rape is prision mayor. As no mitigating or aggravating circumstance attended the crime, the penalty is imposable in its medium period, which has a duration of 8 years and 1 day to 10 years, from which the maximum period of the indeterminate penalty will be taken. The minimum period of the indeterminate sentence will be within the range of prision correccional, which has a duration of 6 months and 1 day to 6 years, as it is the penalty next lower to prision mayor.[52] Thus, the accused-appellant's conviction in Criminal Case No. Q-03-119453 should be modified to attempted qualified rape by sexual intercourse for which he is imposed an indeterminate sentence with a minimum period of 6 years of prision correccional and a maximum period of 10 years of prision mayor. | |||||
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2013-11-11 |
DEL CASTILLO, J. |
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| Thus, rape can now be committed either through sexual intercourse or through sexual assault. In rape under paragraph 1 or rape through sexual intercourse, carnal knowledge is the crucial element which must be proven beyond reasonable doubt.[61] This is also referred to as "organ rape" or "penile rape"[62] and must be attended by any of the circumstances enumerated in subparagraphs (a) to (d) of paragraph 1. There must be evidence to establish beyond reasonable doubt that the perpetrator's penis touched the labia of the victim or slid into her female organ, and not merely stroked the external surface thereof, to ensure his conviction of rape by sexual intercourse.[63] | |||||
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2011-04-13 |
SERENO, J. |
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| The damages to be awarded for simple rape are (a) PhP50,000 as civil indemnity; (b) PhP50,000 as moral damages; and (c) PhP30,000 as exemplary damages. [37] For attempted rape, the proper amount of damages are (a) PhP30,000 as civil indemnity; (b) PhP25,000 as moral damages; and (c) PhP10,000 as exemplary damages. [38] | |||||
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2010-10-12 |
MENDOZA, J. |
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| The accused argued that there was no rape because the doctor who examined the victim's body concluded that she was still a virgin. It does not matter, however, if the victim was medically found to be a virgin; an intact hymen does not negate a finding that the victim was actually sexually violated. It has been repeatedly held that the mere touching of the external genitalia by the penis, capable of consummating the sexual act, is sufficient to constitute carnal knowledge.[38] In People v. Campuhan,[39]the Court clarified that the act of touching should be understood as inherently part of the entry of the penis into the labia of the female organ and not mere touching alone of the mons pubis or the pudendum. Stated differently, to constitute consummated rape, the touching must be made in the context of the presence or existence of an erect penis capable of penetration. There must be sufficient and convincing proof that the erect penis indeed touched the labia or slid into the female organ, and not merely stroked the external surface thereof.[40] | |||||
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2010-07-05 |
VELASCO JR., J. |
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| In ruling against Ogan's argument, the appellate court correctly turned to jurisprudence that holds that even the slightest penetration of the female organ constitutes carnal knowledge.[32] Where penetration is not fully established, as accused-appellant insists, we have held that consummated rape can still be based on the victim's testimony that she felt pain in the attempt at penetration.[33] People v. Brioso[34] explains that the Court looks for other details in the evidence presented to be convinced that there was a penetration of the labia of the pudendum of the victim. In the instant case, BBB's testimony that she felt pain while Ogan inserted his penis into her sexual organ is corroborated by the medical findings of hymenal lacerations. We are thus convinced that Ogan did not merely commit acts of lasciviousness but was able to consummate the rape of BBB. The totality of the evidence points only to this conclusion. | |||||