Location via proxy:   [ UP ]  
[Report a bug]   [Manage cookies]                
Scribd Logo
Upload

Welcome to Scribd!

  • 24 views

    D2b - 9 People v. Edualino

    Uploaded by

    Aaron Ariston
    This case involves the conviction of Jesus Edualino for raping Rowena Nantiza. Nantiza claimed that after Edualino invited her to drink beer, making her semi-conscious, he dragged her to a place and raped her. Edualino argued that the sex was consensual and that Nantiza fabricated the rape claim to save her marriage from her husband discovering her drug and alcohol use. The court upheld Edualino's conviction, finding Nantiza's testimony credible and that her morality and alleged substance abuse did not preclude the finding of rape. The court also rejected the argument that Nantiza would falsely claim rape to save her marriage.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    D2b - 9 People v. Edualino

    Uploaded by

    Aaron Ariston
    24 views2 pages
    This case involves the conviction of Jesus Edualino for raping Rowena Nantiza. Nantiza claimed that after Edualino invited her to drink beer, making her semi-conscious, he dragged her to a place and raped her. Edualino argued that the sex was consensual and that Nantiza fabricated the rape claim to save her marriage from her husband discovering her drug and alcohol use. The court upheld Edualino's conviction, finding Nantiza's testimony credible and that her morality and alleged substance abuse did not preclude the finding of rape. The court also rejected the argument that Nantiza would falsely claim rape to save her marriage.

    Original Description:

    Evidence

    Original Title

    D2b- 9 People v. Edualino

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    This case involves the conviction of Jesus Edualino for raping Rowena Nantiza. Nantiza claimed that after Edualino invited her to drink beer, making her semi-conscious, he dragged her to a place and raped her. Edualino argued that the sex was consensual and that Nantiza fabricated the rape claim to save her marriage from her husband discovering her drug and alcohol use. The court upheld Edualino's conviction, finding Nantiza's testimony credible and that her morality and alleged substance abuse did not preclude the finding of rape. The court also rejected the argument that Nantiza would falsely claim rape to save her marriage.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    24 views2 pages

    D2b - 9 People v. Edualino

    Uploaded by

    Aaron Ariston
    This case involves the conviction of Jesus Edualino for raping Rowena Nantiza. Nantiza claimed that after Edualino invited her to drink beer, making her semi-conscious, he dragged her to a place and raped her. Edualino argued that the sex was consensual and that Nantiza fabricated the rape claim to save her marriage from her husband discovering her drug and alcohol use. The court upheld Edualino's conviction, finding Nantiza's testimony credible and that her morality and alleged substance abuse did not preclude the finding of rape. The court also rejected the argument that Nantiza would falsely claim rape to save her marriage.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Cohabitation

    People v. Edualino
    GR No. 119072
    April 11, 1997

    PADILLA, J.:

    FACTS:
    This is a review of the conviction of a rape case filed against Jesus Edualino by the complainant
    Rowena Nantiza a married and pregnant woman at the time of the incident.

    The complainant version of fact states that she was invited to drink one bottle of beer by then a
    drunk Edualino. When she was semi-conscious she was dragged in a place where the evil acts were
    consummated.

    The accused arguments rely on alternative defenses and alibi, to wit; 1) that there was foreplay and
    orgasm that occurred in the alleged consummation and that according to the defense bear the
    earmarks of a voluntary and mutual coition of a consensual intercourse 2) that the character of the
    complainant is of ill-refute on the basis that no responsible and decent pregnant married woman,
    would be out at two (2) o'clock in the morning getting drunk much less would a decent Filipina ask
    a man to accompany her to drink beer 3) that the complainant merely concocted the charge of rape
    to save her marriage since her husband had found out that she was using drugs and drinking alcohol
    and even made a spectacle of herself when she tried to seduce accused-appellant on May 1994
    while she was under the influence of drug and alcohol.

    ISSUE:
    Whether or not the crime of rape was established.

    HELD:
    The crime of rape was established beyond reasonable doubt.

    The court held that the victim Rowena Nantiza's testimony was sufficient to manifest that the carnal
    knowledge was without her consent and with due force and intimidation. The court further provides
    that a person accused of rape can be convicted solely on the testimony of the victim provided the
    testimony is credible, natural, convincing and otherwise consistent with human nature and the
    course of things.

    On the issue of morality of the complainant, the court pointed out that the moral character of a
    rape victim is immaterial in the prosecution and conviction of the accused. The allegation of
    drunkenness and being a drug user will not per se preclude a finding that a woman was raped.

    The Court ruled that even prostitutes can be the victims of rape.

    On the Accused-appellant argument that the charge of rape was concocted by the victim to save
    her marriage; the Court did not believe that a married woman would invent a story that she was
    raped in an attempt to conceal addiction to drugs or alcohol, in order to save her marriage. The
    court cannot understand how a false rape story can save a marriage under the circumstances.

    You might also like