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PEOPLE v. ENRIQUE LABAYNE Y AGUILAR

This case has been cited 4 times or more.

2008-11-27
CHICO-NAZARIO, J.
It was not impossible for appellant to have raped AAA in the latter's room despite the presence of tenants in the room closely adjacent to that of AAA and in the rooms on the second floor of the house. We have held that lust is no respecter of time and place.[51] Thus, rape can be committed even in places where people congregate, in parks, along the roadsides, in school premises, in a house where there are other occupants and even in places which, to many, would appear unlikely and high-risk venues for its commission.[52] The presence of people nearby does not deter rapists from committing their odious act.[53] Besides, there is no rule that rape can be committed only in seclusion.[54]
2003-05-08
QUISUMBING, J.
Appellant's contention that he could not have raped the private complainant with so many persons living in their house is non sequitur. It need not be emphasized here that lust is no respecter of time and place.[36] That observation has now become a platitude.
2002-01-30
PANGANIBAN, J.
Given these declarations, the fact that after complainant was raped she slept on until morning is not unusual or unnatural. Nobody can tell how a victim of sexual aggression is supposed to act or behave after her ordeal.  At any rate, in the present case it would not be too farfetched to suppose that, out of fear or a desire to forget the horror just committed upon her chastity, the victim slept soundly thereafter, as alleged.[40]
2002-01-23
YNARES-SANTIAGO, J.
On the other hand, the qualifying circumstance that the rape was committed in full view of the spouse, parent, any of the children or other relatives within the third civil degree of consanguinity,[17] although proved, was not alleged in the Information.  As such, it also cannot be appreciated to warrant the imposition of the death penalty.  Qualifying circumstances which increase the penalty by degree rather than merely affect the period of the penalty, as in the case of aggravating circumstances, must be properly pleaded in the information consistent with the constitutional right of the accused to be informed of the charges against him.[18]