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Sugalan of the crime of rape as defined and penalized by Article of the Revised Penal Code. Contrary to law. Nk the three accused, only appellant Darwin David and Joselito Sugalan were arrested. Richard Gacer has remained at large. Arraigned on September 13,appellant Darwin David and Joselito Sugalan pleaded not guilty to the charge. They agreed to meet at a nearby vulcanizing shop.

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We do not agree. She asked to go home but Richard and Joselito prevented her from leaving.

A He was at the house of Joselito Sugalan, sir. Agnes knew Richard as he used to deliver bread in the neighborhood. He slapped her, prompting the latter to leave the house and file the present charge against him. Darwin testified, in essence, that on February 5,he was with his girlfriend now his wife from p. A One of them entered the terrace and asked me to drink beer.

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Ns following day, Joselito told his mother that Agnes would be staying with them. Paranzo : 13 The Court has repeatedly held that rape is committed when intimidation is used on the victim and the latter submitted against her will because of fear for her life or personal safety. Q How were you threatened? A He forcibly abused me again but I tried to fight back but I could not because he was strong, then because of that I fell to the ground then on the ground I continued fighting back and Nk not because he is sic strong and he succeeded to sic insert his penis into my vagina, sir.

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A I heard sir. The absence of any extra-genital injuries on Agnes Thomas was explained by the fact that Dr.

Regarding her stay at the Sugalan residence, the victim immediately corrected herself by declaring that she stayed there for about two months, not just one month. The witness in fact, she has not felt any pain. Meanwhile, Joselito Sugalan escaped from detention and has not been re-arrested ever since.

There being no mitigating or aggravating circumstances in the commission of the crime, the lesser penalty of reclusion perpetua should be imposed on the appellant. We are not persuaded. A I felt pain, sir. Upon reaching the place, Agnes asked where the party was but no nks answered her. A He poked a fan knife at me sir.

A At that time I was fighting, I was fighting against him but I was already dizzy, I bkdy asleep, sir. The failure of the victim to shout for help or resist the sexual advances of the rapists was not tantamount to consent.

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Q Why did you not know that? When she refused to drink, Joselito poked a fan knife at her and forced her to consume most of its contents. We find her to be truthful and credible, having convincingly narrated in detail how the three bodu took turns in sexually abusing her that fateful night.

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Q What exactly did Darwin tell you or when he asked you to go to the terrace? A Ricky and his brother. Accompanied by her aunt, she reported the incident to the police authorities and subjected herself to a medical examination. So ordered.

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Nevertheless, she stayed with the Sugalan family for about two months during which Joselito made her a sex slave. Joselito, 20 years old and single, claimed that he met Agnes on January 22, in a peryahan. We have consistently held that conspiracy need not be established by direct proof of an agreement by the parties to commit the crime. A He told me if I would continue to fight back he would stab me with the fan knife.

A He abused me too.

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Q What else happened after that? Q What exactly did Darwin tell you when you or when he asked you to go to the terrace? Richard Gacer boddy remained at large. She was physically abused and constantly threatened with death by Joselito.

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Moreover, she was too helpless to resist the molestation as she was dizzy and weak because of the beer she was forced to drink. They agreed to meet at a nearby vulcanizing shop. As we have said in a of cases, no woman will concoct a story of defloration, allow an examination of her private part and expose herself to the stigma and humiliation of a public trial if she is not motivated by an earnest desire to seek justice against the one who defiled her.

She told her aunt that she came from work and that she met an accident in Baclaran. Q When Darwin inserted his penis into your vagina, what did you feel if nody Q Where was Darwin David at that time?

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These acts were indicative of a concerted de to accomplish a common purpose — to ravish and defile the victim. However, in the later part of her testimony, she declared that she saw Richard naked and thereafter, the latter inserted his penis into her private part. But later on she contradicted her former statement when she averred that she left the NNo of Joselito only on 5 April or about two 2 months hody the date of the alleged rape. He merely claimed that, at the time of the alleged rape, he was with his girlfriend Glenda Mendoza, now his wife in her house until midnight.

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A His penis sir. Q And after that what happened next? A He was still dressed up. Some may offer strong resistance while others may be too intimidated to offer any resistance at all. Q What did Ricky do on top of you?

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A Outside sir. The examination report on Agnes Thomas, prepared by Dr.

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