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PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee,

vs.
Law Tech World
EDGAR JUMAWAN, Accused-Appellant. 544 likes

G.R. No. 187495 April 21, 2014

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PONENTE: Reyes

TOPIC: Marital rape

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FACTS: Pokemon Revolution: How

to Get to Giovanni in Silph
Accused-appellant and his wife, KKK, were married and have four
Co Maze (25,449)
children.
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On February 19, 1999, KKK executed a Complaint-Affidavit, alleging Mission at Game Corner
that her husband, the accused-appellant, raped her at 3 :00 a.m. of December Guide (15,583)
3, 1998 at their residence in Cagayan de Oro City, and that on December 12, 2014 Case Digest: Arigo v.
1998, the accused-appellant boxed her shoulder for refusing to have sex with Swift (8,418)
him. Pokemon Revolution: How
to Get to Articuno in
As to the charge of rape according to KKK, conjugal intimacy did not Seafoam Island (8,364)
really cause marital problems between her and the accused-appellant. It was, 2015 Case Digest: Diocese of
in fact, both frequent and fulfilling. He treated her well and she, of course, Bacolod v. COMELEC
responded with equal degree of enthusiasm. However, in 1997, he started to (7,497)
be brutal in bed. He would immediately remove her panties and, sans any 2017 Case Digest: Estipona
foreplay, insert her penis in her vagina. His abridged method of lovemaking v. Lobrigo and People
was physically painful for her so she would resist his sexual ambush but he (6,044)
would threaten her into submission. 2014 Case Digest: Sameer
Overseas Placement
One night, in the spouse’s bedroom, KKK changed into a daster and
Agency… (5,606)
fixed the matrimonial bed but she did not lie thereon with the accused-
2015 Case Digest: Kalaw v.
appellant and instead, rested separately in a cot near the bed. Her reclusive
Fernandez (MR) (5,341)
behavior prompted him to ask angrily: “Why are you lying on the cot?”, and
Pokemon Revolution:
to instantaneously order: “You transfer here to our bed.”
Cinnabar Mansion Guide
KKK insisted to stay on the cot and explained that she had headache (5,103)
and abdominal pain due to her forthcoming menstruation. Her reasons did Case Digest: PCGG V
not appease him and he got angrier. He rose from the bed, lifted the cot and SANDIGANBAYAN (4,795)
threw it against the wall causing KKK to fall on the floor. Terrified, KKK
stood up from where she fell, took her pillow and transferred to the bed.

The accused-appellant then lay beside KKK and not before long,
expressed his desire to copulate with her by tapping his fingers on her lap.
This work by Law Tech World is
She politely declined by warding off his hand and reiterating that she was not
licensed under a Creative
feeling well.
Commons Attribution 4.0
The accused-appellant again asserted his sexual yearning and when International License.
KKK tried to resist by holding on to her panties, he pulled them down so
forcefully they tore on the sides. KKK stayed defiant by refusing to bend her
legs.

The accused-appellant then raised KKK’s daster,41 stretched her

legs apart and rested his own legs on them. She tried to wrestle him away but
he held her hands and succeeded in penetrating her. As he was carrying out
his carnal desires, KKK continued to protest by desperately shouting: “Don ‘t
do that to me because I’m not feeling well.”

Accused raised the defense of denial and alleged that KKK merely
fabricated the rape charges as her revenge because he took over the control
and management of their businesses, and to cover up her extra-marital
affairs.
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A visitor from Quezon City,
ISSUE: Philippines
viewed 2014 Case Digest: People v.
Jumawan 3 secs ago
Whether or not there can be a marital rape.
A visitor from Cebu, Philippines
viewed Case Digest: People vs Dela
Torre-Yadao 37 secs ago

A visitor from Quezon City

HELD: viewed "2014 Case Digest: People v.
Jumawan" 49 secs ago

A visitor from Cabuyao, Laguna

YES. The Supreme Court held that husbands do not have property
viewed "Case Digest: CHAM v. ATTY.
rights over their wives’ bodies. Sexual intercourse, albeit within the realm of PIZARRO" 1 min ago

marriage, if not consensual, is rape. A visitor from Mountain View,

California
viewed "2014 Case Digest: Philippine
National Bank v. Dee" 1 min ago
Violation of equal protection clause
A visitor from Philippines
viewed "Case Digest: De Jacob v. CA" 4
The Court ruled that to treat marital rape cases differently from non- mins ago
marital rape cases in terms of the elements that constitute the crime and in A visitor from Buting, Rizal
viewed "Case Digest: ATTY. IRENEO L.
the rules for their proof, infringes on the equal protection clause. TORRES AND MRS. NATIVIDAD
CELESTINO v. ATTY. JOSE
CONCEPCION JAVIER" 4 mins ago

A visitor from Philippines

viewed "Case Digest: LA BUGAL
The Court found that there is no rational basis for distinguishing B’LAAN TRIBAL ASSOCIATION INC.,
et. al. v. VICTOR O. RAMOS, Secretary
between marital rape and non-marital rape. The various rationales which Department of Environment and Natural
Resources; HORACIO RAMOS,
Director, Mines and Geosciences
have been asserted in defense of the exemption are either based upon archaic Bureau (MGB-DENR); RUBEN
TORRES, Executive Secretary; and
notions about the consent and property rights incident to marriage or are WMC (PH" 5 mins ago

simply unable to withstand even the slightest scrutiny. A visitor from Mountain View,
California
viewed "Case Digest: ROSARIO V.
The Court declared the marital exemption for rape in the New York ASTUDILLO and FILIPINA M.
ORELLANA v . PEOPLE OF THE
statute to be unconstitutional. PHILIPPINES 509 SCRA 302 (2006)" 5
mins ago

A visitor from Philippines

Said exemption states that a husband was endowed with absolute viewed "Case Digest: SERVILLANO
BATAC, JR., et al. v. ATTY. PONCIANO
immunity from prosecution for the rape of his wife. The privilege was V. CRUZ, JR." 5 mins ago
personal and pertained to him alone. He had the marital right to rape his Real-time view · Get Feedjit

wife but he will be liable when he aids or abets another person in raping her.

Moreover, Section 1 of RA 8353 penalizes the crime without regard

to the rapist’s legal relationship with his victim.

Implied consent theory untenable

The Court also ruled against the application of implied consent

theory which was raised by the accused. The accused argued that consent to
copulation is presumed between cohabiting husband and wife unless the
contrary is proved.

According to the Court, it is now acknowledged that rape, as a form

of sexual violence, exists within marriage. A man who penetrates her wife
without her consent or against her will commits sexual violence upon her,
and the Philippines, as a State Party to the CEDAW and its accompanying
Declaration, defines and penalizes the act as rape under R.A. No. 8353.

Online Games Homes Criminal Laws Amendments

RELATED ARTICLES:

Case Digest: PEOPLE Criminal Law Update:

OF THE PHILIPPINES Rape as Crime Against
v . JASON S. Person Part 1
NAVARRO et al. 414
2015 Case Digest:
SCRA 395 (2003)
Ricalde v. People
Case Digest: PEOPLE
OF THE PHILIPPINES
Case Digest: PEOPLE
v. EFREN G. DE TAZA
OF THE PHILIPPINES
410 SCRA 518
v. JESUS MACAPAL,
Case Digest: People vs JR. 463 SCRA 387
Violeja (2005)

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