Case Digest (G.R. No. L-28081)
Facts:
- Jerry Velasco y Cabahug is the defendant-appellant.
- Maria Loreto Mas is the complainant who filed a sworn complaint against Velasco for rape.
- The Regional Trial Court convicted Velasco on July 24, 1957, sentencing him to life imprisonment and ordering him to pay P3,000.00 in indemnity.
- Velasco appealed the decision after the trial.
- The case was submitted for decision on September 10, 1968.
- On December 15, 1973, Atty. Manuel R. Guerrero, representing both parties, filed a motion to terminate the criminal action.
- The motion stated that Velasco and Mas married on December 22, 1970, and included a certified copy of their marriage contract.
- Maria Loreto Mas, now Maria Loreto M. Velasco, verified the motion's contents.
Issue:
- (Unlock)
Ruling:
- The Supreme Court dismissed the criminal case against Jerry Velasco y Cabahug, terminating the proceedings.
- The Court ordered the cancell...(Unlock)
Ratio:
- The Court's decision was based on Article 344, paragraph 4 of the Revised Penal Code, which states that marriage between the offender and the offended party extinguishes the criminal action for rape.
- The Court referenced the precedent in Laceste vs. San...continue reading
Case Digest (G.R. No. L-28081)
Facts:
The case involves Jerry Velasco y Cabahug, the defendant-appellant, and Maria Loreto Mas, the complainant. The events leading to this case began with a sworn complaint filed by Maria Loreto Mas against Jerry Velasco for the crime of rape. Following a trial, the Regional Trial Court convicted Velasco on July 24, 1957, sentencing him to life imprisonment, ordering him to pay the offended party P3,000.00 in indemnity, and to bear the costs of the proceedings. Velasco subsequently appealed the decision. After both parties submitted their respective briefs, the case was deemed submitted for decision on September 10, 1968. On December 15, 1973, Atty. Manuel R. Guerrero, who initially represented Velasco but was now acting as counsel for both the appellant and the complainant, filed a manifestation and motion. In this motion, he requested the termination of the criminal action, citing that Velasco and Mas had married on December 22, 1970, before Judg...