SUPREME COURT DECISIONS

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Endnotes:


1 Records, p. 1.

2 Records, p. 26.

3 Records, pp. 78-79.

4 Court of Appeals Rollo, pp. 32-33.

5 Court of Appeals Decision, pp. 7-12.

6 Court of Appeals Decision, pp. 7-12.

7 Court of Appeals Decision, pp. 12-13.

8 Rollo, pp. 13-14.

9 TSN, Evelyn Violeta, 18 November 1994, pp. 6-25.

10 People vs. Alas, 274 SCRA 310.

11 See Antonio vs. Court of Appeals, 273 SCRA 328.

12 People vs. Ramirez, 266 SCRA 335; People vs. Cabillan, 267 SCRA 258.

13 ART. 335. When and how rape is committed. - Rape is committed by having carnal knowledge of a woman under any of the following circumstances.

1. By using force or intimidation;

2. When the woman is deprived of reason or otherwise unconscious; and

3. When the woman is under twelve years of age or is demented.

The crime of rape shall be punished by reclusion perpetua.

Whenever the crime of rape is committed with the use of a deadly weapon or by two or more persons, the penalty shall be reclusion perpetua to death.

When by reason or on the occasion of the rape, the victim has become insane, the penalty shall be death.

When the rape is attempted or frustrated and a homicide is committed by reason or on the occasion thereof, the penalty shall be reclusion perpetua to death.

When by reason or on the occasion of the rape, a homicide is committed, the penalty shall be death.

The death penalty shall also be imposed if the crime of rape is committed with any of the following attendant circumstances:

1. When the victim is under eighteen (18) years of age and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim.

2. When the victim is under the custody of the police or military authorities.

3. When the rape is committed in full view of the husband, parent, any of the children or other relatives within the third degree of consanguinity.

4. When the victim is a religious or a child below seven (7) years old.

5. When the offender knows that he is afflicted with Acquired Immune Deficiency Syndrome (AIDS) disease.

6. When committed by any member of the Armed Forces of the Philippines or the Philippine National Police or any law enforcement agency.

7. When by reason or on the occasion of the rape, the victim has suffered permanent physical mutilation. (As amended by Sec. 11, Ra 7659.)




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