The People of the Philippines vs.

John Nequia
412 SCRA 628 October 6, 2003

Facts
On December 31, 1995 and January 23 1999 in Pakiad, Oton, Ilo-Ilo, John Nequia sexually-abused
his stepdaughter, Mary Ghel, who was eight years old and thirteen years old consecutively when
the crime was committed against her. Through force, threat and intimidation, Nequia, the
stepfather, abused his 13-year old minor step-daughter.

Crime Committed: Rape

Defense of the Accused: The court committed a mistake in validating that Nequia sexually-abused
his step-daughter because of the uncertainty of its commission. Although it was proved that he
inserted his finger into her daughter, such act does not constitute rape.

Contention of the State:

The trial court correctly convicted the appellant of Rape under Article 266-A, paragraph 1 of the
RPC, as amended by Republic Act No. 8353, the Anti-Rape Law. The touching of the Penis to either
labia majora or labia minora constitutes consummated Rape. Furthermore, it is enough that the
victim is intimidated and forced into submitting herself to the suspect for rape to be
consummated.

Ruling:
The trial court appropriately sentenced Nequia to suffer the Death Penalty. The victim was minor
and is his stepdaughter. The relationship of the victim and the suspect requires the imposition of
death penalty under RA 7659. Indemnity of 75,000 pesos is awarded to Mary Ghel Guanco,
another 75,000 pesos for moral damages, and 25,000 pesos for exemplary damages.