RAPER Flashcards

(16 cards)

1
Q

Case Title

A

Key Doctrine / Legal Principle

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2
Q

People v. Hernandez (1925)

A

The “Touch” Rule: Entry of the labia majora by the male organ is sufficient to constitute “carnal knowledge.” Full penetration of the vagina is not required.

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3
Q

People v. Erinia (1927)

A

Lascivious Conduct vs. Rape: If there is no proof of penetration of the labia, but the offender touched the private parts, the crime is Acts of Lasciviousness, not rape.

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4
Q

People v. Orita (1990)

A

Force and Intimidation: Force need not be irresistible. It is sufficient if the victim’s will is overcome by fear or a reasonable apprehension of great bodily harm.

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5
Q

People v. Campuhan (2000)

A

Attempted vs. Consummated: If the penis merely touches the external labia without any entry or “breaking of the plane,” the crime is Attempted Rape, provided there was intent to penetrate.

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6
Q

People v. Villapana (1988)

A

Credibility of Victim: For a rape charge to prosper, the testimony of the victim must be credible, natural, and consistent with human experience.

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7
Q

People v. ABC260708 (2024)

A

R.A. 11648 Application: Reaffirms that the age of consent is now 16. It clarifies the retroactive application of beneficial laws if the offender is a minor.

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8
Q

People v. Dulay (2002)

A

Multiple Rape: Each act of sexual intercourse constitutes a separate count of rape. Multiple penetrations = multiple penalties.

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9
Q

People v. dela Cerna (2002)

A

Relationship/Authority: Rape committed by a father against his daughter is “Qualified Rape,” carrying the highest penalty due to the abuse of parental authority.

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10
Q

People v. Chingh (2011)

A

Statutory Rape: In statutory rape (under age), the element of force is irrelevant. The mere fact of intercourse with a child is the crime.

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11
Q

People v. Dela Cruz (2013)

A

Physical Evidence: The absence of a fresh hymenal laceration does NOT negate rape. The “touching of the labia” doctrine still applies.

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12
Q

People v. Caoile (2013)

A

Consistency of Statement: Minor inconsistencies in the victim’s testimony do not affect credibility if the core message of the sexual assault remains firm.

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13
Q

People v. Jumawan (2014)

A

Marital Rape: A husband does not have a “property right” over his wife’s body. Forced sex within marriage is Rape.

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14
Q

Ricalde v. People (2015)

A

Attempted Rape: Reiteration that if the mission to penetrate is started but aborted due to outside intervention, it is Attempted Rape.

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15
Q

People v. Tionloc (2017)

A

DNA Evidence: While DNA is powerful, its absence does not automatically mean the accused is innocent if the victim’s testimony is sufficient.

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16
Q

People v. Amarela (2018)

A

Reasonable Doubt: Reaffirms that the “moral certainty” of the court is required. If the victim’s story is highly improbable, the accused must be acquitted.