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Unbelievable testimony
The Philippine Star
|December 13, 2024
In the crime of rape, the accused sometimes uses the "sweetheart defense" in which he claims that he and the victim are sweethearts and therefore the sexual intercourse between them is consensual.
This case also explains the complex crime of forcible abduction with rape and proper wording of the Information in order to sustain a conviction for such crime. Also explained here is what must be alleged in the information in case the crime of rape is punishable by death under RA 7659, particularly the age of the victim and her relation to the accused by affinity or consanguinity within the third degree. This is the case of Mandy.
Mandy is the younger brother of Sergio who resides in the Visayas with his daughter, Nina, where Mandy decided to live for a year. One time, he saw Nina going to a well near their house to take a bath. Mandy grabbed her and forcibly dragged her at knife point to the highway where they boarded a truck bound for another town. Nina had to go with Mandy out of fear, especially because the latter continuously poked the knife at her under cover of his jacket. In the other town, they stayed at the house of his sister Betty, but Nina was not aware that Betty is her aunt. Nina tried to escape but was caught by Mandy, who severely beat her until she lost consciousness.
Suspecting that Betty would report what happened to the police, Mandy took Nina to his nephew, Bernie, Nina's first cousin. Considering that Nina and Bernie had not met before, Mandy was able to pass her off as his wife.
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