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Witnesses people v rodriguez 2016 facts appellant

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witnesses.People v. Rodriguez (2016)FACTS: Appellant Rodriguez and AAA were neighbors.AAA, who was then 27 years old but mentally retarded,was making rugs at their house when appellant calledher to look after his one-year-old son as his wife wasdoing laundry work at an employer's house. AAA obligedand went to appellant's house. As soon as she enteredthe house, appellant closed the door, kissed her, andremoved her clothes and his pants. He then inserted hispenis into her vagina and it was painful. After satisfyinghis lust, appellant wiped the "white thing" that came outof his penis. He then dressed AAA and warned her not totell anyone about the incident. Appellant just left andplayed cards with his friends while AAA looked after hisson until appellant's wife came back. AAA told hermother, BBB, that appellant molested "ginalaw" her.BBBconfrontedappellantwhojustdeniedtheaccusation.HELD: The Information alleged that AAA was a 27 yearold mentally-retarded woman at the time of thecommission of the crime which was duly proved duringthe trial. As we have held, carnal knowledge of a femalemental retardate with the mental age below 12 years ofage is rape of a woman deprived of reason, thus, AAA'srape fall under paragraph (b) of Article 266-A.Considering that the prosecution had satisfactorilyproved appellant's guilt beyond reasonable doubt, hisconviction stands. The RTC as affirmed by the CAcorrectly imposed on appellant the penalty ofreclusionperpetua.
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CRIMINAL LAW 2UP College of LawESGUERRA NOTESPage 145People v. Lagbo (2016)FACTS: AAA was washing dishes inside their house. Shewas alone with her father, as her mother was at themarketplace selling vegetables while her siblings wereplaying outside the house. All of a sudden, accused-appellant grabbed her and forcibly removed her shortpants and her panty. After removing his short pants,accused appellant pushed AAA and made her lie downon their "papag". Thereafter, he boxed AAA's face twiceand threatened to kill her mother and siblings. He thenplaced himself on top of AAA and made pumpingmotions while covering her mouth and pulling her hair.AAA felt pain and cried as accused-appellant's sex organpenetrated hers. After gratifying himself, accused-appellant put on his clothes, sat beside AAA and told herto stop crying. AAA did not relate this incident to hermother for fear that accused-appellant would make goodhisthreattoharmhermotherandsiblings.The rape incident happened thrice on three differentoccasions.HELD: Accused is guilty of Rape. Inconsistencies onminor details are in fact badges of truth, candidness andthe fact that the witness is unrehearsed. Thesediscrepancies as to minor matters, irrelevant to theelements of the crime, cannot, thus, be considered aground for acquittal. In this case, the allegedinconsistency in AAA's testimony regarding the exactplace of the commission of rape does not make herotherwise straightforward and coherent testimony, onmaterial points, less worthy of belief.

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Law, Government, The Bible, Maggie A Girl of the Streets, Laws of war, College of Law
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The document you are viewing contains questions related to this textbook.
Fraud Examination
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Chapter 16 / Exercise C2
Fraud Examination
Albrecht/Albrecht
Expert Verified

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