121. People vs.
Jumawan RULING:
GR#:187495 (April 21,2014)
FACTS:
Wife KKK filed two counts of rape charges against his
husband who brutally abused her on bed without foreplay,
removing forcibly her underwear and threatening her into
sexual submission even within the observation and
hearing distance of their children.
The accused, made alibis that during those dates he was
somewhere else and that those cases were filed to avenged
from his taking over the management of their businesses
as her wife allegedly dissipated their savings and
maintained more than 10 paramours .
Accused was convicted by trial court and affirmed by the
Court of appeals. He reasoned before the Supreme Court
that his case should be treated differently from ordinary
rape and that the presence of consent or lack thereof must
be adjusted on the ground that sexual community is a
mutual right and obligation between husband and wife.
ISSUE:Whether or not there can be a marital rape.
 
YES. The Supreme Court held that husbands do not have
property rights over their wives’ bodies.
Sexual intercourse, albeit within the realm of marriage, if
not consensual, is rape.
It is true that the Family Code, obligates the spouses to
love one another but this rule sanctions affection and
sexual intimacy, as expressions of love, that are both
spontaneous and mutual123 and not the kind which is
unilaterally exacted by force or coercion.
Further, the delicate and reverent nature of sexual
intimacy between a husband and wife excludes cruelty and
coercion.
Moreover, to treat marital rape cases differently from non-
marital rape cases in terms of the elements that constitute
the crime and in the rules for their proof, infringes on the
equal protection clause.
The Constitutional right to equal protection of the
laws126 ordains that similar subjects should not be treated
differently, so as to give undue favor to some and unjustly
discriminate against others; no person or class of persons
shall be denied the same protection of laws, which is
enjoyed, by other persons or other classes in like
circumstances.