This case has been cited 3 times or more.
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2005-09-14 |
PER CURIAM |
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| The gravamen of the offense of rape is sexual congress with a woman by force and without consent. If the woman is under 12 years of age, proof of force and consent becomes immaterial not only because force is not an element of statutory rape, but the absence of a free consent is presumed. Conviction will therefore lie, provided sexual intercourse is proven. But if the woman is 12 years of age or over at the time she was violated, sexual intercourse must be proven and also that it was done through force, violence, intimidation or threat.[32] | |||||
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2003-05-09 |
YNARES-SANTIAGO, J. |
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| Moreover, the real nature of the criminal charge is determined not from the caption or preamble of the Information, nor from the specification of the provision of law alleged to have been violated, as these are mere conclusions of law. Rather, the nature of the accusation is determined by the actual recital of facts in the complaint or information.[15] It is not even necessary for the protection of the substantial rights of the accused or the effective preparation of his defense that the accused be informed of the technical name of the crime of which he stands charged. He must look to the facts alleged.[16] | |||||
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2002-03-06 |
PANGANIBAN, J. |
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| A plea of guilt is improvidently accepted where no effort is made to explain to the accused that, in a case involving a capital offense, such plea may result in the imposition of the death penalty.[26] The same is true when the requirements in Aranzado are not satisfied.[27] Recently, in People v. Bernas,[28] the Court set aside a death sentence and remanded the case to the trial court, because the Aranzado guidelines on how to conduct a "searching inquiry" had not been followed. | |||||