People v. de Guzman

 

People v. de Guzman

G.R. No. 229714

June 19, 2019

FACTS:

                In the evening, "AAA" was watching television when appellant suddenly pulled her towards the bedroom. While inside the bedroom, appellant told "AAA" that she should not have a boyfriend, and that she should follow his wishes. Appellant then proceeded to caress "AAA's" arms and back, and then removed her shirt. Appellant then laid "AAA" down, went on top of her, and kissed her on the lips and neck. "AAA" pushed him but her efforts were futile because he was too strong. Then appellant raised her bra and pressed and kissed her breasts. He then pulled down her shorts, kissed her breasts downward and licked her belly button. He also removed her underwear and licked her private organ. "AAA" tried to kick appellant but to no avail. Appellant then inserted his penis into "AAA's" vagina and made push-and-pull movements on her. After sometime, he removed his penis and secreted his semen on "AAA's" stomach. After the incident, "AAA's" brother reported to their mother that something had happened to "AAA". Because of this revelation, "BBB" and "AAA's" aunt confronted "AAA" who eventually confessed to them that her father, the appellant, had indeed raped her.

ISSUE:

                Whether or not CA erred in convicting the accused.

HELD:

                No. The following elements thereof had been duly established here: "(1) sexual congress; (2) with a woman; (3) done by force and without consent; ( 4) the victim is under eighteen years of age at the time of the rape; and (5) the offender is a parent (whether legitimate, illegitimate or adopted) of the victim. Established facts revealed that appellant had carnal knowledge of his own biological daughter, "AAA," who at the time of the first rape incident was just 14 years old, and was only 15 years old when appellant raped her the second time. "AAA" testified in a clear and straightforward manner her harrowing ordeal; and equally important, the medical examination on "AAA" corroborated her testimony.

 

 

 

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