Title
People vs. Pareja y Velasco
Case
G.R. No. 188979
Decision Date
Sep 5, 2012
A man is convicted of attempted rape due to insufficient evidence of penile penetration, leading to a lesser sentence and reduced penalties.
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Case Digest (G.R. No. 188979)

Facts:

  • Christopher Pareja y Velasco is the appellant; the People of the Philippines is the appellee.
  • The incident occurred on June 16, 2003, in Mandaluyong City.
  • The appellant was charged with rape of AAA, a 13-year-old girl and sister of his common-law spouse.
  • At around 3:30 a.m., AAA was asleep next to her two-year-old nephew, BBB, when the appellant approached her.
  • The appellant hugged AAA, kissed her neck, and despite her cries for help, he covered her with a blanket and removed her clothing.
  • AAA resisted, and the appellant stopped only when her cries became louder, threatening her with death if she reported the incident.
  • Later, AAA confided in her brother, CCC, and reported the incident to the police.
  • The appellant claimed he was at home the night before and was at the hospital the next day seeking blood donors for his wife.
  • He denied the allegations, asserting that he was coerced into confessing by police officers.
  • The Regional Trial Court found him guilty of rape on February 22, 2007, sentencing him to reclusion perpetua and ordering damages to AAA.
  • The Court of Appeals affirmed this decision on June 15, 2009.

Issue:

  • (Unlock)

Ruling:

  • The Supreme Court ruled that the prosecution did not prove the appellant's guilt beyond reasonable doubt for consummated rape.
  • The Court found him guilty of attempted rape.
  • The penalty was modified to an indeterminate sentence of six years of prision correccional as minimum to ten years of prisio...(Unlock)

Ratio:

  • For a conviction of consummated rape, clear evidence of carnal knowledge is required, defined as sexual intercourse.
  • AAA's testimony indicated that while the appellant attempted penetration, he did not succeed.
  • Mere touching of the vic...continue reading

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