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ANSWERS:

Yes. The mother can file the criminal complaint of rape as Hayden, by means of force and intimidation wilfully, unlawfully and feloniously abused a woman under 18 years of age, against the latters will. Under Article 335 of the Revised Penal Code as amended by Sec. 11, RA 7659, 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, even though neither of the circumstances mentioned in the two next preceding paragraphs shall be present. Yes. The case will prosper because Hayden who was actually in possession of a gun, abused Vikki and threatened to kill all of them. In the case of People v. Corpuz Y Simon, the courts held that, in rape committed by a close kin, such as the victims father, stepfather, uncle or the common-law spouse of her mother, it is not necessary that actual force or intimidation be employed; moral influence or ascendancy takes place of violence or intimidation. Parental punishment is not enough reason for a young girl to falsely accuse her stepfather of a crime so grave as rape. Reverence and respect for the elders are two values deeply ingrained in Filipino children. In the case of Herrera vs. Alba, DNA was defined as the fundamental building block of a persons entire genetic make-up, and that a persons DNA profile can determine his identity. Obtaining DNA samples from an accused in a criminal case or from the respondent in a paternity case, contrary to the belief of respondent in this action, will not violate the rights against self-incrimination. This privilege applies only to evidence that is communicative in essence taken under duress. The Supreme Court ruled that the right against self-incrimination is just a prohibition on the use of physical or moral compulsion to extort communication from a defendant, not an exclusion of evidence taken from his body when it may be material. Therefore, the prosecution can require the accused to undergo a DNA test. The crime of rape was committed and it shall be punished by reclusion perpetua. The crime is aggravated by the fact that the offender is stepfather of the victim. However, 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. Bigamy is basically the act of marrying again while the first marriage is still subsisting. It is defined under Article 349 of the RPC as the contracting of a second or subsequent marriage before the former marriage has been legally dissolved, or before the absent spouse has been declared presumptively dead by means of a judgment rendered in the proper proceeding. Since Hayden admitted that he was married to Corazon in December 20, 2000 and also married Alice in June 19, 2006, and that his marriage with the former has not been legally dissolved nor the former been declared presumptively dead, Hayden Yandoc committed the crime of Bigamy. According to Article 349 of the RPC, the penalty of prision mayor shall be imposed upon any person who committed the crime of Bigamy.