G.R. No. 38107; October 16, 1933
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. PABLO PORRAS, defendant-appellant.

FACTS

The defendant-appellant, Pablo Porras, was convicted by the Court of First Instance of Iloilo for the crime of rape. The complaint, filed by the offended party (his daughter), alleged that on or about May 8, 1932, in the municipality of Calinog, Iloilo, the accused, being the father of the complainant, took advantage of the darkness of the night and a deserted place, and through force, threat, and intimidation, had carnal knowledge of her against her will, knowing she was a married woman. The trial court sentenced him to seventeen years, four months, and one day of reclusion temporal.

ISSUE

Whether the guilt of the appellant for the crime of rape has been proven beyond reasonable doubt.

RULING

Yes. The Supreme Court, after a careful examination of the entire record, concurred with the trial court that the appellant’s guilt was established beyond reasonable doubt. The crime of rape is penalized under Article 335 of the Revised Penal Code with reclusion temporal. In this case, the aggravating circumstance of relationship (under Article 15 of the Revised Penal Code), as the offender is the parent of the victim, was present. Considering the monstrous nature of the crime, the Court modified the penalty to twenty years of reclusion temporal and affirmed the judgment of the court below as modified.

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