People v. Montano Flores_CD.doc - PEOPLE v MONTANO FLORES y...

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PEOPLE v. MONTANO FLORES y PARAS, G.R. No. 177355 December 15, 2010 FACTS: On July 18, 2001, Montano Flores (Flores) ordered the victim’s mother (BBB) daughter AAA to sleep with them. Both AAA and BBB obeyed Flores for fear of his wrath. At around ten o’clock in the evening, AAA was awakened by Flores who removed her shorts and panty. Flores then proceeded to insert his penis into her vagina, making a push and pull movement. She shouted in pain and tried to wake her mother up by pinching her. BBB was then shocked to see that Flores was already on top of her daughter, who was shouting “Aray, Aray, Nanay, Aray.” She felt angry but could not do anything because Flores not only had a bladed weapon poked at her neck, but he also threatened to kill her if she shouted. BBB endured this horrifying episode for the next thirty minutes. The following day, BBB accompanied her daughter AAA to the Barangay Captain to report the incident. They went to the municipality’s Department of Social Welfare and Development then proceeded to the Gumaca District Hospital. In the trial, BBB also that AAA was 13 years old at the time of the incident. Flores, denied raping AAA. He claimed that BBB was his mother-in-law and not his live-in partner. He alleged that he and AAA had been “sweethearts” for four years prior to the incident and that it was the first time he and AAA had sexual relations due to his enormous respect for her. He also claimed that it was AAA who slept beside him and he was the one awakened by AAA, whom he found on top of him. He averred that AAA was already 19 years old at the time of the incident and even produced a Certification from the Office of the Municipal Civil Registrar of General Luna, Quezon to prove that AAA was no longer a minor at the time of the sexual intercourse. He also claimed that he
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