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FACTS:
This is an appeal from the decision of Court of Appeals, affirming the judgement
handed down by the Regional Trial Court finding the accused, Christopher
Rivera, guilty beyond reasonable doubt of the crime of Rape
AAA, a 20 year-old housemaid came to know Rivera, a security guard because
they are both working in a same house in Quezon City.
Because AAA had a personal issue with a co-worker, she decided to leave the
work and Rivera promised to help her find a new job.
On September 29, 2004 AAA tag along with Rivera knowing that he will bring him
to his parents in Quiapo. But, Rivera brought her to Ilang Ilang motel.
AAA asked Rivera if it was his parents house and he answered yes.
Rivera shoved her inside and pushed he towards the bed. He forced her to
remove her clothes. He went top of her and shoved his penis into her underwear
and inserted the same into her vagina.
She struggled to push Rivera and shout but it did not prosper.
Thereafter, they went to AAAs cousins house in Antipolo. She reported the
incident to the police authorities and Rivera was apprehended.
AAA undergone medico-legal examination and was later revealed that her hymen
has sustained shallow fresh laceration at 9:00 clock position
The respondent argued that they are sweethearts and AAA even contributed 50
pesos for the rental fee for the motel.
RTC and CA convicted Rivera for the crime of rape.
ISSUE
Whether or not Rivera is guilty beyond reasonable doubt of the crime of rape.
HELD
Based to the facts, Rivera, who is a man had a carnal knowledge of AAA through
force threat and intimidation.
It was also held that the defense of being sweethearts is not a licence to commit
Rape.
The petition to appeal the decision of Court of Appeals was denied.