Case Digest (G.R. No. 116292)
Facts:
- On May 9, 1990, Maria Primavera, seven months pregnant, visited Sitio Racracan, Barangay Burabod, Lagonoy, Camarines Sur, at her husband Egar Primavera's request to inspect their ricefield.
- Accompanied by her mother and brother, Maria separated to check their camote plantation.
- While returning home, she encountered her cousin, Jimmy PeAero y Barranda, who was wielding an unsheathed bolo and had his pants unzipped.
- PeAero made a lascivious remark, frightening Maria, who then cried out.
- He ordered her to sit, embraced her despite her resistance, and forced her to the ground, proceeding to have sexual intercourse with her while threatening her with the bolo.
- After the assault, PeAero threatened Maria to keep the incident secret or face death.
- On June 27, 1990, an Information for rape was filed against PeAero, alleging he had carnal knowledge of Maria against her will.
- During the trial, PeAero admitted to the encounter but claimed it was consensual, asserting that Maria was his lover and had fabricated the charge.
- The trial court found him guilty of rape, sentencing him to reclusion perpetua and ordering damages, leading to his appeal.
Issue:
- (Unlock)
Ruling:
- The Supreme Court affirmed the trial court's decision, upholding Jimmy PeAero y Barranda's conviction for rape.
- The court found that the evidence supported th...(Unlock)
Ratio:
- The Supreme Court reasoned that the trial court's rejection of PeAero's claim of consensual intercourse was justified by the circumstances.
- The presence of an unsheathed bolo and PeAero's aggressive behavior created a fearful environment, consistent with the victim's reaction.
- The court emphasized that a victim's failure to resist does not negate the occurrence of rap...continue reading
Case Digest (G.R. No. 116292)
Facts:
On May 9, 1990, at approximately 6:00 AM, Maria Primavera, who was seven months pregnant, went to Sitio Racracan, Barangay Burabod, Lagonoy, Camarines Sur, at the request of her husband, Egar Primavera, to inspect their upland ricefield. Accompanied by her mother and brother, Maria separated from them to check on their camote plantation. While returning home, she encountered her first cousin, Jimmy PeAero y Barranda, who was brandishing an unsheathed bolo and had his pants unzipped. He made a lascivious remark, which frightened Maria, prompting her to cry. PeAero then ordered her to sit down, embraced her despite her attempts to resist, and ultimately forced her to the ground. He proceeded to have sexual intercourse with her while holding the bolo, which instilled fear in Maria, making her struggle futile. After the assault, PeAero threatened Maria not to tell anyone about the incident or he would kill her. On June 27, 1990, an Information for rape was filed against PeAero, alleging that he had unlawfully and feloniously had carnal knowledge of Maria against her will. During the trial, PeAero admitted to the sexual encounter but claimed it was consensual, asserting that Maria was his lover and had fabricated the rape charge to avoid embarrassment. The trial court, however, found him guil...