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    People Vs Lagbo G.R. No. 207535 Facts:: ND RD

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    Elerlenne Lim
    The defendant, AAA's father, raped her three separate times over the course of two years, starting when she was 12 years old. During the first rape, he forcibly removed her clothes, threatened to kill her family if she resisted, and raped her. She did not tell her mother out of fear. He raped her again in 2001 and a third time in 2002. In 2003, AAA reported the rapes to authorities after her mother filed a complaint against the defendant for mauling her. The court found the defendant guilty of qualified rape, as the elements were met: he had sexual intercourse with AAA through force and without consent while she was underage, and he was her parent. AAA's testimony was consistent and identified the defendant

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    People Vs Lagbo G.R. No. 207535 Facts:: ND RD

    Uploaded by

    Elerlenne Lim
    221 views1 page
    The defendant, AAA's father, raped her three separate times over the course of two years, starting when she was 12 years old. During the first rape, he forcibly removed her clothes, threatened to kill her family if she resisted, and raped her. She did not tell her mother out of fear. He raped her again in 2001 and a third time in 2002. In 2003, AAA reported the rapes to authorities after her mother filed a complaint against the defendant for mauling her. The court found the defendant guilty of qualified rape, as the elements were met: he had sexual intercourse with AAA through force and without consent while she was underage, and he was her parent. AAA's testimony was consistent and identified the defendant

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    Case Digest

    Original Title

    People vs Lagbo

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    The defendant, AAA's father, raped her three separate times over the course of two years, starting when she was 12 years old. During the first rape, he forcibly removed her clothes, threatened to kill her family if she resisted, and raped her. She did not tell her mother out of fear. He raped her again in 2001 and a third time in 2002. In 2003, AAA reported the rapes to authorities after her mother filed a complaint against the defendant for mauling her. The court found the defendant guilty of qualified rape, as the elements were met: he had sexual intercourse with AAA through force and without consent while she was underage, and he was her parent. AAA's testimony was consistent and identified the defendant

    Copyright:

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

    People Vs Lagbo G.R. No. 207535 Facts:: ND RD

    Uploaded by

    Elerlenne Lim
    The defendant, AAA's father, raped her three separate times over the course of two years, starting when she was 12 years old. During the first rape, he forcibly removed her clothes, threatened to kill her family if she resisted, and raped her. She did not tell her mother out of fear. He raped her again in 2001 and a third time in 2002. In 2003, AAA reported the rapes to authorities after her mother filed a complaint against the defendant for mauling her. The court found the defendant guilty of qualified rape, as the elements were met: he had sexual intercourse with AAA through force and without consent while she was underage, and he was her parent. AAA's testimony was consistent and identified the defendant

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    People vs Lagbo

    G.R. No. 207535


    Facts:
    The elder of the six (6) children, AAA, was 12 years old when her father, accused-appellant,
    first raped her.
    One afternoon in October 2000, AAA was washing dishes inside their house. She was alone
    with her father, as her mother was at the marketplace selling vegetables while her siblings
    were playing outside the house. All of a sudden, accused appellant grabbed her and forcibly
    removed her short pants and her panty. After removing his short pants, accused-appellant
    pushed AAA and made her lie down on her papag. Thereafter he boxed AAAs face twice and
    threatened to kill her mother and siblings. He then placed himself on top og AAA and made
    pumping motions while covering her mouth and pulling her hair. AAA felt pain and cried as
    accused-appellant sex organs penetrated hers. After gratifying himself, accused-appellant put
    on his clothes, sat beside AAA and told her to stop crying. AAA did not relate this incident to
    her mother for fear that accused-appellant would make good his threat to harm his mother or
    siblings.
    In March 2001, accused-appellant, again, violated AAAs womanhood (2 nd rape). Then on
    February 14, 2002 the third (3rd) rape was committed.
    Accused-appellant committed the third rape on February 14, 2002. He and AAA were again left
    alone inside their house.
    AAA was finally able to report her rape to the police when her mother filed a complaint against
    accused-appellant, on April 3, 2003, for allegedly mauling her. Taking advantage of this
    opportunity, AAA related her misfortune to the authorities.
    Thus, in three (3) separate information, accused-appellant was indicted witb rape qualified by
    his relationship with, and minority of AAA.
    Issue:
    Whether or not accussed-appellant is guilty of qualified rape.
    Ruling:
    Yes. The elements of qualified rape are (1) sexual congress, (2) with a woman, (3) done by
    force and without consent, (4) the victim is under eighteen (18) years of age at the time of
    rape, (5) the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity
    or affinity within the third civil degree, or the common-law spouse of the parent of the victim.
    In this case, both the RTC and the CA found that the prosecution has alleged and proved
    beyond reasonable doubt all the elements of qualified rape. This court sees no reason to
    depart from the finding of the lower courts. As correctly held by the CA, AAAs recollection of
    the heinous acts of his father was vivid and straightforward. She was able to positively identify
    the accused-appellant as her sexual assailant. While there are minor inconsistencies, her
    testimony was given in a categorical, straightforward, spontaneous and candid manner.

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