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PEOPLE v. JOHN NEQUIA

This case has been cited 3 times or more.

	GR NO. 170191 2006-08-16	PEOPLE v. RODOLFO SUYU CALLEJO, SR., J.
The intent to rob must precede the rape. In robbery with rape, the intention of the felony is to rob and the felony is accompanied by rape. The rape must be contemporaneous with the commission of the robbery. We note that aside from raping the victim, appellant Rodolfo Suyu inserted his finger in her sexual organ. Appellant Suyu, thus, committed sexual assault as defined and penalized in Article 266-A, paragraph 2 of Republic Act No. 8353.[91] Also, aside from Rodolfo Suyu, Cainglet raped the victim. Nevertheless, there is only one single and indivisible felony of robbery with rape and any crimes committed on the occasion or by reason of the robbery are merged and integrated into a single and indivisible felony of robbery with rape.[92]
	GR Nos. 140873-77 2004-02-06	PEOPLE v. LEVI SUMARAGO CALLEJO, SR., J.
A : No, because he covered my mouth with his hand. Q : And when your father sexually abused you, what happened next? A : After having sexually abused me, he told me to stand up because we were about to go home.[15] (Emphases ours.) The credibility of Norelyn and the probative weight of her testimony cannot be assailed simply because of her admission that it took the appellant only a short time to insert his penis into her vagina and to satiate his lust. The mere entry of his penis into the labia of the pudendum, even if only for a short while, is enough. Insofar as the consummation of the crime of rape is concerned, the brevity of time that the appellant inserted his penis into the victim's vagina is of no particular importance. As this Court held in People v. Nequia:[16]
	GR Nos. 133759-60 2003-10-17	PEOPLE v. LEONITO LORENZO PER CURIAM
IN LIGHT OF ALL THE FOREGOING, the Decision of the Regional Trial Court of Oriental Mindoro, Branch 40, in Criminal Cases Nos. 4832 and 4833, is AFFIRMED WITH MODIFICATION. The appellant Leonito Lorenzo is found guilty beyond reasonable doubt of two counts of qualified rape under Article 335 of the Revised Penal Code, as amended by Rep. Act No. 7659, and is sentenced to suffer the death penalty for each count. He is also directed to pay the private complainant Lea Vanessa Aday P75,000 as civil indemnity for each count, for a total amount of P150,000; P75,000 as moral damages for each count or P150,000; and P25,000 as exemplary damages for each count of rape or a total of P50,000.[35] Costs de oficio.