80.) People vs Audine.docx - People vs Audine GR No 168649...

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People vs. Audine, GR No. 168649, December 6, 2006 FACTS: In December 1999 and January 2000, in the City of Marikina, Jose Audine, who is the father of the minor victim, by means of force, coercion and intimidation, with the use of small knife which is a bladed weapon, and with lewd design or intent to cause or gratify his sexual desire upon complainant AAA, a minor and fifteen (15) years old, did then and there willfully, unlawfully and feloniously have sexual intercourse with said complainant against her will and consent which debases, degrades or demeans the intrinsic worth and dignity of said child as a human being. WHEREFORE, in the light of the foregoing, the accused, JOSE ALVIZO AUDINE, is found GUILTY beyond reasonable doubt of two (2) counts of Rape filed against him and is sentenced to suffer the extreme penalty of DEATH in each case. ISSUE: Whether or not the accused-appellant’s relationship to the victim can be appreciated as an aggravating circumstance as provided for in Article 15 of RPC.
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