RAPE CASE

What crime/crimes to be charged? RAPE

In violation of Art. 266-A, in relation to Art. 266-B of the Revised Penal Code, as amended by Republic Act
8353, and with the aggravating circumstance that AAA is a relative by affinity within the third civil degree and is
below 18 years of age.

Par 2. Rape by Sexual Assault

ELEMENT
1. Offender commits an act of sexual assault
2. that the act of sexual assault is committed by
inserting his penis into another person’s
mouth or anal orifice or by inserting any
instrument or object into the genital or
anal orifice of another person; and that the
act of sexual assault is accomplished by
using force or intimidation, among others.
OVERT ACT
 2nd of June 2016 3:00am
 “inserted his finger inside my vagina”. People
vs. Soriano “Court ruled that the appellant is
guilty of rape through sexual assault when he
inserted his finger into the vagina of his
victim.

Par. 1 Rape by Sexual Intercourse (QUALIFIED)

ELEMENT OVERT ACT
1. Offender is a man.  Accused: Dario Ramacho, Male
2. offender had carnal knowledge of a woman  Victim: Marianne
3. that such act is accomplished by using force 
or intimidation
4. the victim is under eighteen years of age at  15 YEARS of Age
the time of the rape
5. the offender is a parent, ascendant,  Guardian
stepparent, guardian, relative by
consanguinity or affinity within the third civil
degree of the victim, or the common-law
spouse of the parent of the victim.

Elements of Rape:
The elements of rape under par. 1(a) of Art. 266-A of the Code are the following:
(1) that the offender is a man;
(2) that the offender had carnal knowledge of a woman; and
(3) that such act is accomplished by using force or intimidation.

On the other hand, the elements of rape under par. 2 of Art. 266-A of the Code are as follows:
(1) that the offender commits an act of sexual assault;
(2) that the act of sexual assault is committed by inserting his penis into another person’s mouth or anal orifice
or by inserting any instrument or object into the genital or anal orifice of another person; and that the act of
sexual assault is accomplished by using force or intimidation, among others.

PEOPLE VS. PALANAY

ART. 266-B. Penalties. - Rape under paragraph 1 of the next preceding article shall be punished by reclusion
perpetua.
The death penalty shall also be imposed if the crime of rape is committed with any of the following
aggravating/qualifying circumstances:
1) When the victim is under eighteen (18) years of age and the offender is a parent, ascendant, stepparent,
guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the
parent of the victim.
Hence, in a conviction for qualified rape, the prosecution must prove all the elements thereof, which are:
(1) sexual congress
(2) with a woman;
(3) done by force, threat, or intimidation without consent;
(4) the victim is under eighteen years of age at the time of the rape; and
(5) the offender is a parent, ascendant, stepparent, guardian, relative by consanguinity or affinity within the
third civil degree of the victim, or the common-law spouse of the parent of the victim.

PHYSICAL INJURY CASE

What crime/crimes to be charged?

Overt Acts:
 Boxed, hitting at the abdomen
 Spanked with t-shirt at the back
 Boxed, at the face
 Kicking, hitting on different parts of the body
 Private parts were grasped
 Hair was pulled and she was dragged
 Boxed, forehead
 Pointed a bolo

1st Answer: (HABITUAL OR NOT)

VICTIM CHARGES
Ailyn Art. I, Sec. 3(b)(1) – Psychological and
physical abuse, neglect, cruelty,
sexual abuse and emotional
maltreatment

Section 3 (b) of Republic Act No. 7610, otherwise known as the Special Protection of Children Against Abuse,
Exploitation and Discrimination Act, defines child abuse as “the maltreatment, whether habitual or not, of the
child which includes any of the following:
(1) Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional maltreatment;
(2) Any act by deeds or words which debases, degrades or demeans the intrinsic worth and dignity of a
child as a human being;
(3) Unreasonable deprivation of his basic needs for survival, such as food and shelter; or
(4) Failure to immediately give medical treatment to an injured child resulting in serious impairment of
his growth and development or in his permanent incapacity or death.”

2nd ANSWER: (Back-up hahaha)

VICTIM CHARGES
Ailyn SLIGHT physical Injuries
Marlou Slight physical injuries

Number 2. Physical injuries which did not prevent the offended party from engaging in his habitual
work or which did not require medical attendance.

Accordingly, the circumstance that transpired between Ailyn, Marlou, and Sunnyboy and friends who punched
Ailyn and Marlou must fall under any of those abovementioned in order for you to properly file a complaint for
violation of R. A. No. 7610. Insofar as paragraph 1 of the above-stated definition, we cannot conclusively say
that the act of punching Ailyn took the form of “physical abuse” especially when it was an isolated situation or
that it only happened in that particular instance. Insofar as the application of paragraph 2 of the same
definition, the act complained of must be clearly shown to have debased, degraded or demeaned the intrinsic
worth and dignity of Ailyn as a human being. Otherwise, a complaint for violation of R. A. No. 7610 will fail.

We wish to impart the ruling of the Supreme Court in the case of Bongalon vs. People of the Philippines (G.R.
No. 169533, March 20, 2013):

From the words of Justice Bersamin:

“Not every instance of the laying of hands on a child constitutes the crime of child abuse under Section 10 (a)
of Republic Act No. 7610. 1 Only when the laying of hands is shown beyond reasonable doubt to be intended
by the accused to debase, degrade or demean the intrinsic worth and dignity of the child as a human being
should it be punished as child abuse. Otherwise, it is punished under the Revised Penal Code.”

“x x x Although we affirm the factual findings of fact by the RTC and the CA to the effect that the petitioner
struck Jayson at the back with his hand and slapped Jayson on the face, we disagree with their holding that his
acts constituted child abuse within the purview of the above-quoted provisions. The records did not establish
beyond reasonable doubt that his laying of hands on Jayson had been intended to debase the “intrinsic worth
and dignity” of Jayson as a human being, or that he had thereby intended to humiliate or embarrass Jayson.
The records showed the laying of hands on Jayson to have been done at the spur of the moment and in anger,
indicative of his being then overwhelmed by his fatherly concern for the personal safety of his own minor
daughters who had just suffered harm at the hands of Jayson and Roldan. With the loss of his self-control, he
lacked that specific intent to debase, degrade or demean the intrinsic worth and dignity of a child as a human
being that was so essential in the crime of child abuse. x x x”