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125.) People v Arivan, G.R. No. 176065, April 22, 2008.docx

125.) People v Arivan, G.R. No. 176065, April 22, 2008.docx...

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People v Arivan, G.R. No. 176065, April 22, 2008 PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee,- versus - RAMON ARIVAN y FORNILLO, Accused-Appellant. Facts: On 31 December 1998, about 11:30 in the evening, AAA went outside the house of her uncle and aunt to look for her brother because it was New Years Eve. While she was looking for her brother, the appellant approached and asked her where she was going. The appellant offered to help her look for her brother and he even told her that he knew where her brother was. They walked together and the appellant took her to a place with a hut or shanty located in Payatas, Quezon City. Upon arrival thereat, AAA called for her brother three times but no one answered. She got irritated with the appellant for misleading her. She decided to leave the place but appellant held her right hand preventing her from leaving. She was not able to shout as the appellant threatened her again that if she will shout, he will kill her brother. She pushed the appellant to prevent him from pulling down her shorts and panty, but her efforts remained futile.
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