Admission by silence 1. People v Paragsa.docx - THE PEOPLE...

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THE PEOPLE OF THE PHILIPPINES vs. BIENVENIDO PARAGSA84 SCRA 105July 20, 1978FACTS:BIENVENIDO PARAGSA, alias “BENBEN” was charged with the rape of a 12 ½ yearold girl, Mirasol Magallanes.The information alleged that victim was alone in her house whenthe Benben entered, intimidated her with a hunting knife, forced her to lie in bed and there theyhad intercourse.The deed was interrupted when her aunt Lita, knocked on the door of victim’shouse. Incidentally, Aunt Lita testified that she had seen the accused exiting the house when shecame knocking.The victim did not reveal what happened to her until 6 days after the incident.Accused interposed the “Sweetheart defense”.Defense claims in effect that there was noforce or intimidation involved and that what Aunt Lita saw was not the aftermath of a rape, butwas rather consensual sexual intercourse.Accused also presented witnesses claiming that theywere indeed sweethearts.The CFI convicted Benben.CA affirmed the conviction.ISSUE:Whether or not the evidence presented justifies a conviction.

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Term
Fall
Professor
NoProfessor
Tags
Sexual intercourse, MIRASOL, Aunt Lita

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