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PEOPLE v. ALLAN ERESE Y BALINGIT

This case has been cited 4 times or more.

2010-12-15
LEONARDO-DE CASTRO, J.
Carnal knowledge of a woman under any of the following instances constitutes rape: (1) when force or intimidation is used; (2) when the woman is deprived of reason or is otherwise unconscious; and (3) when she is under twelve (12) years of age.[30]  In the case at bar, AAA gave categorical testimony that Celocelo was armed with a knife when he forced himself upon her, to wit: Q:  How did you come to know that he is made, very mad? A:  He pulled my hair.
2010-08-03
VILLARAMA, JR., J.
Rape is committed by having carnal knowledge of a woman under any of the following circumstances: (1) when force or intimidation is used; (2) when the woman is deprived of reason or is otherwise unconscious; and (3) when she is under 12 years of age.[29]
2010-04-05
LEONARDO-DE CASTRO, J.
Rape is committed by having carnal knowledge of a woman under any of the following instances: (1) when force or intimidation is used; (2) when the woman is deprived of reason or is otherwise unconscious; and (3) when she is under twelve (12) years of age.[17] Both the RTC and the Court of Appeals found that Miranda committed rape under the first circumstance, i.e., by having sexual intercourse with his 17-year old daughter with the use of force and intimidation.
2000-08-31
DAVIDE JR., C.J.
serious anxiety and the like.[22] Exemplary damages may also be imposed in criminal offenses when the crime was committed with one or more aggravating circumstances.[23] In this case it is obvious that the crime was committed with the aggravating circumstance of abuse of confidence.[24] WHEREFORE, the assailed judgment of the Regional Trial Court of Parañaque, Branch 29, in Criminal Cases Nos. 96-917 and 96-918 is hereby MODIFIED. As modified, accused-appellant JOEY GUTIERREZ is ACQUITTED in Criminal Case No. 96-918, but found guilty beyond reasonable doubt