People v. Oropesa
G.R. No. 229084
October 2, 2019
FACTS:
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.
ISSUE:
Whether
or not appellant is guilty.
HELD:
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.
