AGGRAVATING (AGAINST THE ACCUSED)

PEOPLE OF THE PHILIPPINES VS NICANOR SALOME

Posted by kaye lee on 12:55 PM
G.R. No. 169077, August 31 2006 [Article 14 - Revised Penal Code Bk I: Aggravating Circumstance Dwelling]
FACTS:Salome entered into the house where 13 year old Sally Idanan was sleeping. He poked a knife against her
neck and then raped her. He threatened Idanan so that she may not report the incident to authorities. When she
found out that shes pregnant, she reported the incident. Salome offered the defense of alibi in court claiming that he
went fishing at the time of the incident. Trial court convicted Salome of rape qualified by the use of a bladed weapon,
committed inside the dwelling of Sally, as defined and penalized under Article 335 of the Revised Penal Code, as
amended by Republic Act No. 7659.
ISSUE:
Whether or not the aggravating circumstance of dwelling be appreciated against Salome.
HELD:
Yes. The Court finds Salomes denial untenable.
The aggravating circumstance of dwelling is appreciated against him. It suffices to state that private complainant
categorically testified that she was sleeping inside her house when appellant came and perpetrated the crime. This is
proof enough of the absence of provocation on the part of private complainant. For a sleeping thirteen (13) year old
barrio girl cannot possibly give any kind of provocation to appellant under the circumstances.