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  • People vs. Oropesa, GR 229084, Oct. 2, 2019 Case Digest

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    AAA left her parents' house to avoid her brother-in-law, Oropesa, who had previously sexually abused her. While with friends, she met Oropesa and another man, Latonero, and went with them alone. Oropesa and Latonero then raped AAA in an empty hut. At trial, Oropesa denied the charges and claimed he was with family elsewhere. The trial court found Oropesa guilty of rape but the appellate court acquitted him, finding AAA's testimony inconsistent and that she voluntarily went with Oropesa, negating the force or intimidation required for rape.

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    Case digest of People vs. Oropesa, GR 229084, Oct. 2, 2019

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    AAA left her parents' house to avoid her brother-in-law, Oropesa, who had previously sexually abused her. While with friends, she met Oropesa and another man, Latonero, and went with them alone. Oropesa and Latonero then raped AAA in an empty hut. At trial, Oropesa denied the charges and claimed he was with family elsewhere. The trial court found Oropesa guilty of rape but the appellate court acquitted him, finding AAA's testimony inconsistent and that she voluntarily went with Oropesa, negating the force or intimidation required for rape.

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    208 views2 pages

    People vs. Oropesa, GR 229084, Oct. 2, 2019 Case Digest

    Uploaded by

    beingme2
    AAA left her parents' house to avoid her brother-in-law, Oropesa, who had previously sexually abused her. While with friends, she met Oropesa and another man, Latonero, and went with them alone. Oropesa and Latonero then raped AAA in an empty hut. At trial, Oropesa denied the charges and claimed he was with family elsewhere. The trial court found Oropesa guilty of rape but the appellate court acquitted him, finding AAA's testimony inconsistent and that she voluntarily went with Oropesa, negating the force or intimidation required for rape.

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    People vs. Oropesa, GR 229084, Oct.

    2, 2019
    FACTS:
    AAA left her parent’s house without their knowledge to avoid her brother-in-law, Oropesa, the
    accused-appelant, who already took sexual advantage of her before. AAA left with friends but
    along the way, she met the accused and his “compadre” Latonero. AAA’s friends left her alone.
    Oropesa held AAA by the arm and together with Latonero, led her to an empty kubo and
    proceeded to rape her there along with Latonero. Accused appellant threaten her parent’s lives
    with scissors poked at her side to not tell anyone about the incident. She was then brought to his
    parent’s house where her brother fetched her. AAA told her parents what happened and a
    medical examination indicated that she had sexual intercourse but the date of which could not be
    ascertained.
    Oropesa denied the charges of rape. Oropesa claimed to be with his family living in another
    barangay at the time of the incident. Oropesa claimed that AAA’s mother, BBB, is using the
    charges because she did not like Oropese as a brother-in-law. He stated that he was asked money
    from AAA’s family to drop the charges. He did not comply because he was innocent.
    Latonero was originally charged the same rape but those charges were dropped. He said that his
    parents gave the money that AAA’s family asked for to drop the charges despite knowing that he
    was innocent.
    RTC found Oropesa to be guilty of rape. CA confirmed.
    ISSUE:
    WON Oropesa is guilty beyond reasonable doubt of rape.
    HELD:
    NO. He is acquitted.
    Under Article 266-A (1) (a), rape requires the following elements: (1) the offender had carnal
    knowledge of a woman; and (2) the offender accomplished such act through force, threat, or
    intimidation.
    In this case, There is no evidence to prove that appellant used force, threat, or intimidation
    during his sexual congress with AAA.
    The Trial court noted that on the time and date of the incident, she left her home without her
    parent’s knowledge and run away due to appellant’s alleged threats. Yet, despite these supposed
    threats, “AAA went with accused voluntarily in going to the hut where the incident complained
    of happened.” AAA’s alleged reason was that “she thought accused would not do it to her again”
    In fact, AAA testified that she did not ask appellant where they were going that faithful night
    because she trusted him.
    The Testimony of AAA is incredible, unconvincing, and inconsistent with human nature and the
    normal course of things. If indeed AAA planned to leave home and run away due to appellant’s
    alleged threats, it is inexplicable why AAA went voluntarily with appellant. At the time of the
    incident, AAA was with her friends, whom she could have asked for help or whom she could
    have simply continued to accompany, and she could have easily evaded appellant and Latonero.
    Instead, when AAA and her friends were allegedly about to go to the railroad track and saw
    appellant and Latonero, she and her friends separated ways and AAA went with appellant and
    Latonero. Further, during cross-examination, AAA had no answer when asked that despite the
    fact that she had previous sexual contact with appellant, she went with him voluntary because
    she trusted him.
    AAA’s voluntary act of separating from her friends and going with appellant because she trusted
    him negate the presence of force, threat, or intimidation in the commission of the alleged rape.

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