Académique Documents
Professionnel Documents
Culture Documents
Silvano
G.R.No. 127356 ll Jun. 29, 1999 ll Per Curiam
307 332
Tiangco
Persons and Family Relations
KEYWORDS:
Sex as punishment
DOCTRINE:
It is the duty of the father to give her loveand affection,
advice and counsel,companionship and understanding.
The Coderecognizes the authority of parents to
disciplinetheir children but not to the extent that thefather
would force her daughter to have sexwith him under the
mask of punishment.
FACTS:
The father, David Silvano y Hayag had beensexually
abusing her daughter, Sheryl, since shewas 13 years old.
Three days after she hadturned 16, and on the pretense of
punishmentfor coming home late, the father raped
hisdaughter. She went to school the next day anddid not
come home for two weeks until shereported the incident
to the authorities.
non
-sequitur, the fact that
ISSUE:
hesupports her does not give him the licenseto rape her. It
is the obligation of parents tosupport their children (Arts
195 and 220FC). The ratiocination of the father is aproduct
of a sick mind of a sick parent. Thestatus of being a
parents entails the naturalright and duty not only of the
caring for andrearing of unemancipated children butabove
all the development of their moral,mental and physical
character and well-
HELD:
Sexual congress
With a woman
iii.
People v. Silvano
G.R.No. 127356 ll Jun. 29, 1999 ll Per Curiam
308 332
Tiangco
Persons and Family Relations
responsible for the defilement of herdaughter.4.