People OF THE Philippines, Plaintiff-Appellee, vs. ROMEO G. Jalosjos, Accused-Appellant
People OF THE Philippines, Plaintiff-Appellee, vs. ROMEO G. Jalosjos, Accused-Appellant
People OF THE Philippines, Plaintiff-Appellee, vs. ROMEO G. Jalosjos, Accused-Appellant
PHILIPPINES, plaintiff-
appellee, vs. ROMEO G.
JALOSJOS,
accused-appellant.
Facts:
Issue:
WHETHER OR NOT THE
TRIAL COURT
GRIEVOUSLY ERRED IN
FINDING THAT RAPE
WAS COMMITTED
AGAINST THE PRIVATE
COMPLAINANT.
Held:
Accused-appellant Rene
Siao together with Reylan
Gimena were charged
before the Regional Trial
Court of the City of Cebu
with the crime of rape. It
is alleged that Ester
Raymundo and Reylan
Gimena were forced and
intimidated at gunpoint by
accused-appellant Rene
Siao to have carnal
knowledge of each other.
Rene Siao called Reylan
Gimena inside the womens
quarter. After Rene Siao
closed the door, he told
Reylan, "Reylan, birahi si
Ester". Since Reylan was at
a loss as to what to do,
Rene Siao commanded
Ester at gunpoint to "suck
(um-um) the penis" of
Reylan Gimena. Both
[13]
ISSUE
PEOPLE OF THE
PHILIPPINES, plaintiff-
appellee, vs. ROMEO G.
JALOSJOS,
accused-appellant.
Facts:
Issue:
WHETHER OR NOT THE
TRIAL COURT
GRIEVOUSLY ERRED IN
FINDING THAT RAPE
WAS COMMITTED
AGAINST THE PRIVATE
COMPLAINANT.
Held:
Held:
No. In this case
statutory rape was
committed in People v.
Campuhan, we explained
that the phrase, "the mere
touching of the external
genitalia by the penis
capable of consummating
the sexual act is sufficient
to constitute carnal
knowledge. The inevitable
contact between accused-
appellant's penis, and at
the very least, the labia of
the pudendum of Rosilyn,
was confirmed when she
felt pain inside her vagina
when the "idiniin" part of
accused-appellant's sex
ritual was performed.
At the time of
commission of the crimes
complained of herein in
1996, statutory rape was
penalized under Section 11
of R.A. 7659, which
amended Article 335 of
the Revised Penal Code, to
wit: When and how rape is
committed. — Rape is
committed by having carnal
knowledge of a woman
under any of the following
circumstances: 1. By using
force or intimidation; 2.
When the woman is
deprived of reason or
otherwise unconscious; and
3. When the woman is
under twelve years of age
or is demented