Criminal Law: Aggravating Circumstances

Topics: Crime, Criminal law, Assault Pages: 2 (662 words) Published: July 14, 2013
147| Criminal Law 1
Case Digest| People vs. Gaorana| Article 14| Aggravating Circumstances| Reiteration or Habitually 09July2013
FACTS: On March 5, 1991 Marivel Fuentes, was cleaning her house located at DAPECOL(Davao Penal Colony), Panabo, Davao.  At the same time, she was also putting her younger brother and sister to sleep.  Rowena Sanchez, common-law wife of Alberto Gaorana, arrived and instructed her to go to her house which was about 20 meters away. When Marivel arrived in appellant’s house, she saw appellant and Rowena lying down.  Rowena bade her to come in and told her to sit down.  Rowena then stood up and Marivel that she will just urinate.  Appellant approached private Marivel, covered her mouth and pointed a hunting knife to her neck.  He told her that he will kill her if she will tell her mother.  Alberto dragged her in the bedroom, made her lie down on the floor.  Appellant then took off his pants and opened private complainant’s duster and removed her panty.  He put himself on top of private complainant and had intercourse with her.  All the while, private complainant’s mouth was covered with a handkerchief. After about five minutes, Rowena came back and saw appellant still on top of Marivel.  Appellant instructed Rowena to step out of the room.  After a while, appellant stood up, put on his briefs and called his wife inside the room.  Both of them said, “Let us see.” Marivel was allowed to leave appellant’s house at 5:00 o’clock in the afternoon.  Private complainant’s parents arrived at 7:00 o’clock in the evening but she did not report the incident to them because she was afraid appellant might make good his threat. The second incident of rape occurred at around 3:00 o’clock in the morning of March 6, 1991.  Private complainant was sleeping in the sala with her brother and sister when she was awakened by the kisses of appellant.  After satisfying his lust, appellant left. CC: 2 Counts of Rape

COA: Appellant contends the inconsistencies...
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