People v Austria

Facts: Prescilla, 12 yr old was passing a rice field on her way home for lunch when
Austria, and 82 year old suddenly accosted her and grabbed her left wrist. Austria
then drew a scythe and despite Prescillas resistance and protestations, dragged the
girl toward a part of the field where banana plants abound. Amidst the cover of
vegetation, Austria commenced to unleash his lust, the young lass felt pain in her
vagina. Austria raised the defense of impotency and testified that since reaching
the age of 60, his penis is not anymore capable of erection because of his rheumatic
condition.

Issue: Whether or not the presumption of innocence should be given merit.

Ruling:
In rape cases, impotency must be proven with certainty to overcome the
presumption in favor of potency. Under the present circumstances, the evidence
preferred by the defense failed to discharge such burden, inasmuch as the very
testimony of Dr. Peralta repudiates the claim that Austria could not have performed
the sexual act. Althoug Dr. Peraltas findings prove that Austria was afflicted with
Epididegrico Orchites such piece of evidence however does not categorically
conclude, nor even hint that Austria was sexually impotent

Pp v bartolini

Facts: bartolini is married to CCC which begot 6 children as the eldest followed by
AAA. On about March 94 at 8 am, Bartolini raped his own daughter, BBB, whom he
strucked when she struggled. Appellant instreucted his daughter AAA to help in the
garden chores and immediately pulled her and brought her near a big fallen tree
while threatening to kill her and all members of their family if she would not
acquiesce to his demands. AAA was repeatedly raped by appellant until before she
gave birth to appellants child.

Issue: Whether or not the crime of incestuous rape was committed.

Ruling: The Court held that the qualifying circumstance of relationship of BBB to
appellant was a specifically alleged and proven during the trail but the prosecution
failed to allege minority. Such an omission is fatal in the imposition of death penalty
against the offender.
People v Oubrea
Facts: Sometime in 1997 while Andrelyn was on the ground floor of their home,
appellant, her father called her upstairs. She undressed her and tried to insert her
penis into her genitalia but to no avail . On July 2, 99, her parents had a quarrel
which caused her mother to leave, appellant straddled her and raped her, forcing
his penis into his vagina, put only a portion penetrated a portion of her organ.
Andrelyn also alleged that appellant first raped her when he fingered her vagina in
1993. The RTc sentenced the appellant guilty of acts of lasciouviousness and 2
counts of rape.

Issue: Whether or not the RTC erred in making its decision.

Ruling: Andrelyn During cross examination, categorically and candidly narrated how
she was fingered by appellant, which evidence suffices to satisfy the immediate
quantum of proof required in criminal cases.