Scribd Logo
Upload

Welcome to Scribd!

  • People vs. Lucas

    Uploaded by

    Bantogen Babantogen
    261 views2 pages
    1) Jovencio Lucas was accused of raping his 13-year old daughter Mauricia. He tied her up, burned her face with a cigarette, fondled her, and raped her. 2) The court found Lucas guilty of rape with the aggravating circumstances of cruelty and relationship. Cruelty was present because he tortured and laughed at Mauricia during the rape. Relationship was considered because Mauricia was Lucas' descendant. 3) Lucas appealed the decision but the court upheld the ruling, finding that cruelty and relationship were properly considered aggravating circumstances in this case of parental rape.

    Original Description:

    http://www.rexestore.com

    Copyright

    © Attribution Non-Commercial (BY-NC)

    Available Formats

    DOC, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    1) Jovencio Lucas was accused of raping his 13-year old daughter Mauricia. He tied her up, burned her face with a cigarette, fondled her, and raped her. 2) The court found Lucas guilty of rape with the aggravating circumstances of cruelty and relationship. Cruelty was present because he tortured and laughed at Mauricia during the rape. Relationship was considered because Mauricia was Lucas' descendant. 3) Lucas appealed the decision but the court upheld the ruling, finding that cruelty and relationship were properly considered aggravating circumstances in this case of parental rape.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as doc, pdf, or txt
    261 views2 pages

    People vs. Lucas

    Uploaded by

    Bantogen Babantogen
    1) Jovencio Lucas was accused of raping his 13-year old daughter Mauricia. He tied her up, burned her face with a cigarette, fondled her, and raped her. 2) The court found Lucas guilty of rape with the aggravating circumstances of cruelty and relationship. Cruelty was present because he tortured and laughed at Mauricia during the rape. Relationship was considered because Mauricia was Lucas' descendant. 3) Lucas appealed the decision but the court upheld the ruling, finding that cruelty and relationship were properly considered aggravating circumstances in this case of parental rape.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as doc, pdf, or txt
    of 2

    People vs.

    Lucas
    December 24, 2012 by Lagangang Butas

    People vs. Lucas G.R. No. 80102. January 22, 1990 Plaintiff-appellee: People of the Philippines Accused-appellant: Jovencio Lucas Ponente: J. Cortes FACTS: Mauricia Lucas was then thirteen years old and working as a housemaid in Sampaloc, Manila. Sometime in September 1985, she was fetched by her father, herein accused Jovencio Lucas, from her place of work. They boarded a jeepney and alighted in a place which Mauricia found unfamiliar. She was thereafter brought to a dark room where the accused tied both her hands and feet to a bed, undressed her, burnt her face with a lighted cigarette, kissed her, fondled her private parts, pointed a knife at her neck, and laughed while consummating the sexual act. The physical and genital examination supported the fact of defloration and further testified that the findings were consonant to that of a woman who had several experience with sexual intercourse. Nonetheless, as the examinations were conducted about six months after the alleged rape took place, evidence of violence can no longer be established. ISSUE: 1) Whether or not the trial court correctly appreciated the aggravating circumstance of cruelty in the case. 2) Whether or not the trial court correctly appreciated the aggravating circumstance of relationship in the case. HELD: 1) Yes. The Court held that there is cruelty when the offender enjoys and delights in making his victim suffer slowly and gradually, causing unnecessary physical pain in the consummation of the offense. Moreover, the absence of any evidence of force does not negate a finding that forcible sexual intercourse actually took place. The trial court, having had the opportunity of hearing the witnesses of both prosecution and defense, gave weight to the sincerity and conviction of the victim. The appellant tied the victim to a bed, burnt her face with a lighted cigarette, and laughed while consummating the crime. Undeniably, cruelty is present in this case. 2) Yes. Article 15 of the Revised Penal code provides that, in the case of rape, the alternative circumstance of relationship shall be taken into consideration when the victim is the descendant of the offender. The Court found that in order for the appellant to carry out the crime to his advantage, the filial trust reposed in him by his daughter was undeniable abused. He personally fetched his daughter, at her place of work, took her to the scene of the crime, and forced himself sexually. The aggravating circumstance of relationship in the case was correctly applied in the case.

    You might also like