People v. Oropesa


People v. Oropesa

G.R. No. 229084

October 2, 2019


                That on or about February 12, 1998, at around 10:00 o'clock in the evening, in the Province of Camarines Sur, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, conspiring, confederating, and mutually helping one another, with lewd designs and by means of force and intimidation, took turns, one after the other, in having carnal knowledge with AAA, then 17 years of age and being the sister-inlaw of accused Rolly Bert Oropesa y Doe, against her will and to her damage and prejudice.


                Whether or not appellant is guilty.


                Article 266-A of the Revised Penal Code enumerates the elements of rape as follows: Article 266-A. Rape: When and How Committed. - Rape is committed: 1) By a man who shall have carnal knowledge of a woman under any of the following circumstances: a) Through force, threat, or intimidation; b) When the offended party is deprived of reason or otherwise unconscious; c) By means of fraudulent machination or grave abuse of authority; and d) When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present. In this case, the prosecution accuses appellant of raping AAA. AAA was 1 7 years old when the alleged rape happened. There was no allegation that AAA was deprived of reason or was unconscious. Therefore, the prosecution must establish that appellant had carnal knowledge of AAA through force, threat, or intimidation.


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