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    People v. Edualino

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    Joses Nino Aguilar
    This document summarizes a Supreme Court of the Philippines case involving the rape of Rowena Nantiza by Jesus Edualino. The three key points are: 1) The elements of rape in this case were established based on Nantiza's testimony that Edualino had carnal knowledge of her against her will and using force and intimidation. 2) The death penalty for rape requires additional circumstances beyond what was presented in this case, such as the victim being underage. 3) A medical examination of the victim is not required to prosecute a rape case in the Philippines - the victim's testimony alone can be sufficient if it is credible.

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    People v. Edualino

    Uploaded by

    Joses Nino Aguilar
    147 views2 pages
    This document summarizes a Supreme Court of the Philippines case involving the rape of Rowena Nantiza by Jesus Edualino. The three key points are: 1) The elements of rape in this case were established based on Nantiza's testimony that Edualino had carnal knowledge of her against her will and using force and intimidation. 2) The death penalty for rape requires additional circumstances beyond what was presented in this case, such as the victim being underage. 3) A medical examination of the victim is not required to prosecute a rape case in the Philippines - the victim's testimony alone can be sufficient if it is credible.

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    This document summarizes a Supreme Court of the Philippines case involving the rape of Rowena Nantiza by Jesus Edualino. The three key points are: 1) The elements of rape in this case were established based on Nantiza's testimony that Edualino had carnal knowledge of her against her will and using force and intimidation. 2) The death penalty for rape requires additional circumstances beyond what was presented in this case, such as the victim being underage. 3) A medical examination of the victim is not required to prosecute a rape case in the Philippines - the victim's testimony alone can be sufficient if it is credible.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    147 views2 pages

    People v. Edualino

    Uploaded by

    Joses Nino Aguilar
    This document summarizes a Supreme Court of the Philippines case involving the rape of Rowena Nantiza by Jesus Edualino. The three key points are: 1) The elements of rape in this case were established based on Nantiza's testimony that Edualino had carnal knowledge of her against her will and using force and intimidation. 2) The death penalty for rape requires additional circumstances beyond what was presented in this case, such as the victim being underage. 3) A medical examination of the victim is not required to prosecute a rape case in the Philippines - the victim's testimony alone can be sufficient if it is credible.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    EN BANC

    [G.R. No. 119072. April 11, 1997.]

    PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JESUS EDUALINO, Accused-Appellant.

    The Solicitor General for Plaintiff-Appellee.

    Gancayco Law Offices for Accused-Appellant.

    SYLLABUS

    1. CRIMINAL LAW; RAPE; ELEMENTS; ESTABLISHED IN CASE AT BAR. — The elements of the crime of
    rape, as allegedly committed by accused-appellant, are: 1. That the accused-appellant had carnal
    knowledge of the complainant; 2. That the act was done against the complainant’s will; 3. That force
    and/or intimidation was used in the commission of the act. On whether the acts of accused-appellant
    constitute rape, the victim Rowena Nantiza’s testimony was sufficiently clear to show that the carnal
    knowledge was without her consent and with force and intimidation. There is no doubt that the crime
    committed by accused-appellant is rape.

    2. ID.; ID.; WHEN DEATH PENALTY MAY BE IMPOSED; NOT APPLICABLE IN CASE AT BAR. — Under
    Article 335 of the Revised Penal Code, as amended by Section 11, R.A. No. 7659." . . the death
    penalty shall be imposed if the crime of rape is committed with any of the following circumstances: 1.
    When the victim is under eighteen (18) years of age and the offender is a parent, ascendant, step-
    parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law
    spouse of the parent of the victim. 2. When the victim is under the custody of the police or military
    authorities. 3. When the rape is committed in full view of the husband, parent, any of the children or
    other relatives within the third degree of consanguinity. 4. When the victim is a religious or a child
    below seven (7) years old. 5. When the offender knows that he is afflicted with Acquired Immune
    Deficiency Syndrome (AIDS) disease. 6. When committed by any member of the Armed Forces of the
    Philippines or the Philippine National Police or any law enforcement agency. 7. When by reason or on
    the occasion of the rape, the victim has suffered permanent physical mutilation. (As amended by Sec.
    11, RA 7659.)" (Article 335, Revised Penal Code.) In the present case, the prosecution has not proved
    any circumstance which would justify or call for the imposition of the supreme penalty of death.

    3. REMEDIAL LAW; CRIMINAL PROCEDURE; MEDICAL EXAMINATION, NOT A PREREQUISITE FOR THE
    PROSECUTION OF RAPE. — The Court has repeatedly held that a medical examination of the victim is
    not a prerequisite in prosecutions for rape. A person accused of rape can be convicted solely on the
    testimony of the victim provided the testimony is credible, natural, convincing and otherwise
    consistent with human nature and the course of things.

    4. ID.; EVIDENCE; TESTIMONY; MINOR INCONSISTENCIES; BADGES THAT THE WITNESSES WERE
    UNREHEARSED AND HONEST. — The alleged inconsistencies in the testimonies of the prosecution
    witnesses pertain to minor matters and are even badges that the witnesses were unrehearsed and
    honest.

    FRANCISCO, J., Dissenting Opinion: chanrob1es virtual 1aw library

    REMEDIAL LAW; DUE PROCESS; REQUIREMENT FOR "COLD NEUTRALITY OF AN IMPARTIAL JUDGE" ;
    MUST BE RECOGNIZED BY THE COURT EVEN UPON FAILURE OF THE ACCUSED TO SIGNIFY HIS
    OBJECTION AGAINST JUDGE’S PARTIALITY. — To give life to the due process requirement of "cold
    neutrality of an impartial judge," the right of the judge to participate in the examination of witnesses
    must be sparingly used in order to avoid the impression of partiality in favor of one party. Thus, to
    reiterate "People v. Opida" (142 SCRA 295),." . . the judge must not only be impartial but must also
    appear to be impartial, to give added assurance to the parties that his decision will be just. The parties
    are entitled to no less than this, as a minimum guaranty of due process." Under the doctrine that an
    appeal throws the whole case open to review, the failure of the accused to signify any kind of
    objection (whether by objecting to the judge’s question or by seeking for his inhibition) to the judge’s
    partiality during trial does not prevent this Court from taking cognizance of this irregularity and
    thereafter render a judgment of acquittal grounded thereon if circumstances warrant.

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