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

Welcome to Scribd!

  • 75 views

    PP Vs Salome

    Uploaded by

    Ansai Claudine Calugan
    This document summarizes a Supreme Court of the Philippines case. It details that Nicanor Salome was convicted of raping a 13-year-old girl in her home. The court affirmed the conviction and the presence of the aggravating circumstance of dwelling (committing the crime inside the victim's home). The court held that the victim's testimony was credible evidence that the rape occurred. Committing the rape inside the victim's home while she slept justified imposing the death penalty given the young age of the victim and use of a deadly weapon during the crime.

    Copyright:

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

    PP Vs Salome

    Uploaded by

    Ansai Claudine Calugan
    75 views1 page
    This document summarizes a Supreme Court of the Philippines case. It details that Nicanor Salome was convicted of raping a 13-year-old girl in her home. The court affirmed the conviction and the presence of the aggravating circumstance of dwelling (committing the crime inside the victim's home). The court held that the victim's testimony was credible evidence that the rape occurred. Committing the rape inside the victim's home while she slept justified imposing the death penalty given the young age of the victim and use of a deadly weapon during the crime.

    Original Title

    PP vs Salome

    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 document summarizes a Supreme Court of the Philippines case. It details that Nicanor Salome was convicted of raping a 13-year-old girl in her home. The court affirmed the conviction and the presence of the aggravating circumstance of dwelling (committing the crime inside the victim's home). The court held that the victim's testimony was credible evidence that the rape occurred. Committing the rape inside the victim's home while she slept justified imposing the death penalty given the young age of the victim and use of a deadly weapon during the crime.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    75 views1 page

    PP Vs Salome

    Uploaded by

    Ansai Claudine Calugan
    This document summarizes a Supreme Court of the Philippines case. It details that Nicanor Salome was convicted of raping a 13-year-old girl in her home. The court affirmed the conviction and the presence of the aggravating circumstance of dwelling (committing the crime inside the victim's home). The court held that the victim's testimony was credible evidence that the rape occurred. Committing the rape inside the victim's home while she slept justified imposing the death penalty given the young age of the victim and use of a deadly weapon during the crime.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    THE PEOPLE OF THE 

    PHILIPPINES
    Versus NICANOR SALOME
    G.R. No. 169077    
    August 31, 2006
     
    AZCUNA, J.:

    Facts:
    On or about or within the period comprised between July 1, 1997 to July 31, 1997 in the
    morning, in [B]arangay Lourdes, [M]unicipality of Pandan, [P]rovince of Catanduanes,
    Philippines, the accused NICANOR SALOME, by means of force and intimidation, and with the
    use of a bladed weapon, feloniously did lie and succeeded in having carnal knowledge of
    SALLY IDANAN, a minor who was then 13 years old at the time of the commission of the
    offense. The commission of the crime was aggravated by dwelling the fact that the crime was
    committed inside the house of the offended party. On April 3, 2001, the trial court rendered its
    decision convicting appellant of the crime of rape. The Court of Appeals affirmed the conviction
    of appellant.

    Issue:
    Whether or not the trial court erred in appreciating dwelling as an aggravating circumstance.

    Held:
    In the commission of rape, it is usually only the rape victim who can attest to its
    occurrence, and if the lone testimony of the victim is credible, convincing and consistent with
    human nature and the normal course of things, it is competent to establish the guilt of the
    accused. The victim’s failure to shout for help or resist the sexual advances of the rapist does not
    negate the commission of rape.
    It suffices to state that private complainant categorically testified that she was sleeping
    inside her house when appellant came and perpetrated the crime. This is proof enough of the
    absence of provocation on the part of private complainant. For a sleeping thirteen (13) – year old
    barrio girl cannot possibly give any kind of provocation to appellant under the circumstances.
    Since the crime of rape was committed by appellant with the use of a deadly weapon,
    punishable by reclusion perpetua to death, the presence of the aggravating circumstance of
    dwelling, without the presence of any mitigating circumstance, justified the trial court’s
    imposition of the death penalty.

    You might also like