THE PEOPLE OF THE PHILIPPINES

v
NICANOR SALOME

[G.R. No. 169077 August 31, 2006] AZCUNA, J.:

FACTS:

This is a review on the Decision rendered by the Court of Appeals on June 15, 2005. The facts of the
case are as follows:

(1) In July 1997, Salome entered the house where the 13 year old Sally Idanan was sleeping. He

poked a knife against her neck and then after raped her.
(2) He threatened Idanan so that Idanan may not report the incident to authorities. But when she

found that she’s pregnant she reported the incident.

(3) Salome offered the defense of alibi in court claiming that he went fishing at the time of the

incident.
(4) Salome was convicted for rape qualified by the use of a bladed weapon.

ISSUE:
Will the aggravating circumstance of dwelling be appreciated against Salome.

HELD:
Yes. The aggravating circumstance of dwelling is appreciated against him. He entered the house of
Idanan and in the same place he successfully raped Idanan. However, pursuant to Republic Act 9346
which suspends the death penalty, his penalty is sustained at reclusion perpetua.

The Supreme Court affirmed the guilt of the accused.