Title
People vs. Penero y Barranda
Case
G.R. No. 116292
Decision Date
Jul 31, 1997
The Supreme Court affirms Jimmy Peñero's conviction for raping his cousin, highlighting that intimidation negates the need for physical resistance in rape cases.
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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

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