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    PEOPLE v. BRYAN GANABA Y NAM-AY

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    Lara Cacal
    Ganaba was charged with raping AAA, who worked as a nanny in his home. AAA alleged that while feeding Ganaba's infant child, Ganaba entered the locked room, pinned her down, and threatened her with a knife before raping her. Ganaba denied the allegations. The court found Ganaba guilty beyond a reasonable doubt, as AAA persuasively testified about Ganaba using force and intimidation against her by pinning her, pinching her, threatening her with a knife, and overpowering her resistance to rape her. The act of threatening a victim with a knife is sufficient to prove rape through intimidation under the law.

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    PEOPLE v. BRYAN GANABA Y NAM-AY

    Uploaded by

    Lara Cacal
    119 views1 page
    Ganaba was charged with raping AAA, who worked as a nanny in his home. AAA alleged that while feeding Ganaba's infant child, Ganaba entered the locked room, pinned her down, and threatened her with a knife before raping her. Ganaba denied the allegations. The court found Ganaba guilty beyond a reasonable doubt, as AAA persuasively testified about Ganaba using force and intimidation against her by pinning her, pinching her, threatening her with a knife, and overpowering her resistance to rape her. The act of threatening a victim with a knife is sufficient to prove rape through intimidation under the law.

    Original Description:

    G.R. No. 219240, April 04, 2018 PEOPLE v. BRYAN GANABA Y NAM-AY case digest

    Original Title

    PEOPLE v. BRYAN GANABA Y NAM-AY

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    Ganaba was charged with raping AAA, who worked as a nanny in his home. AAA alleged that while feeding Ganaba's infant child, Ganaba entered the locked room, pinned her down, and threatened her with a knife before raping her. Ganaba denied the allegations. The court found Ganaba guilty beyond a reasonable doubt, as AAA persuasively testified about Ganaba using force and intimidation against her by pinning her, pinching her, threatening her with a knife, and overpowering her resistance to rape her. The act of threatening a victim with a knife is sufficient to prove rape through intimidation under the law.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    119 views1 page

    PEOPLE v. BRYAN GANABA Y NAM-AY

    Uploaded by

    Lara Cacal
    Ganaba was charged with raping AAA, who worked as a nanny in his home. AAA alleged that while feeding Ganaba's infant child, Ganaba entered the locked room, pinned her down, and threatened her with a knife before raping her. Ganaba denied the allegations. The court found Ganaba guilty beyond a reasonable doubt, as AAA persuasively testified about Ganaba using force and intimidation against her by pinning her, pinching her, threatening her with a knife, and overpowering her resistance to rape her. The act of threatening a victim with a knife is sufficient to prove rape through intimidation under the law.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    of 1

    G.R. No.

    219240, April 04, 2018


    PEOPLE v. BRYAN GANABA Y NAM-AY

    FACTS:

    Ganaba was charged with rape. The prosecution alleged that AAA had been working
    at the house of Ganaba as nanny to his four-month-old child. While AAA was inside the
    room feeding the child, Ganaba sneaked in and closed the door and window. AAA did not
    notice that Ganaba, who was supposed to enter the room only when the child's mother was
    around, was behind her wearing only his shorts. When AAA turned, Ganaba held both her
    arms and mounted her. AAA kicked Ganaba who in turn pinched her left shoulder. When
    AAA kicked again, Ganaba stood up and got a knife. AAA stood up also and tried to open the
    door but was unable to do so as it was locked. Ganaba poked the knife at AAA, threatened
    he would kill her, dragged her to the bed, mounted her, parted her legs, and inserted his
    penis into her vagina. Accused-appellant denied the allegations.

    ISSUE:

    Whether or not Ganaba was guilty beyond reasonable doubt.

    HELD:

    Yes. For a successful prosecution of rape, the following elements must be proved
    beyond reasonable doubt, to wit: (1) that the accused had carnal knowledge of the victim;
    and (2) that said act was accomplished: (a) through the use of force and intimidation, or (b)
    when the victim is deprived of reason or otherwise unconscious, or (c) when the victim is
    under 12 years of age or is demented.

    Here, the evidence of the prosecution unmistakably validates the conclusion that the
    accused-appellant had carnal knowledge of AAA through the use of force and intimidation.
    AAA persuasively narrated that, despite her effort to escape from the room after the
    accused-appellant pinned her arms, mounted her, and pinched her shoulder, the accused-
    appellant was able to get hold of a knife that he used to threaten her while he dragged her
    to the bed and, thereafter, successfully have carnal knowledge of her. Jurisprudence
    imparts that the act of holding a knife by itself is strongly suggestive of force or at least
    intimidation; and threatening the victim with a knife is sufficient to bring a woman to
    submission, although the victim does not even need to prove resistance. Force, threat or
    intimidation, as an element of rape, need not be irresistible, but just enough to bring about
    the desired result. Consequently, Ganaba was found guilty beyond reasonable doubt.

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