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    People Vs Salome

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    conzbrill
    The document describes a case where a man named Nicanor Salome was convicted of raping a 10-year-old girl named Sally. Salome entered Sally's house while she was sleeping and raped her at knife point. Sally did not tell anyone at first out of fear but later reported it when she discovered she was pregnant. Salome claimed an alibi of being fishing but was still convicted, though the death penalty was prohibited under a new law and his sentence was reduced to reclusion perpetua instead.

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    People Vs Salome

    Uploaded by

    conzbrill
    390 views1 page
    The document describes a case where a man named Nicanor Salome was convicted of raping a 10-year-old girl named Sally. Salome entered Sally's house while she was sleeping and raped her at knife point. Sally did not tell anyone at first out of fear but later reported it when she discovered she was pregnant. Salome claimed an alibi of being fishing but was still convicted, though the death penalty was prohibited under a new law and his sentence was reduced to reclusion perpetua instead.

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    People vs Salome

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    The document describes a case where a man named Nicanor Salome was convicted of raping a 10-year-old girl named Sally. Salome entered Sally's house while she was sleeping and raped her at knife point. Sally did not tell anyone at first out of fear but later reported it when she discovered she was pregnant. Salome claimed an alibi of being fishing but was still convicted, though the death penalty was prohibited under a new law and his sentence was reduced to reclusion perpetua instead.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    390 views1 page

    People Vs Salome

    Uploaded by

    conzbrill
    The document describes a case where a man named Nicanor Salome was convicted of raping a 10-year-old girl named Sally. Salome entered Sally's house while she was sleeping and raped her at knife point. Sally did not tell anyone at first out of fear but later reported it when she discovered she was pregnant. Salome claimed an alibi of being fishing but was still convicted, though the death penalty was prohibited under a new law and his sentence was reduced to reclusion perpetua instead.

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    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
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    of 1

    People vs. Nicanor SALOME G.R. No. 169077 August 1! "006 #A$%S& So'eti'e in (ul) 1997! Sall) *+anan!

    t,en 1 )ears ol+! -as sleeping -it, ,er .)ear ol+ /rot,er insi+e t,eir ,ouse -,en Salo'e entere+ t,e sa'e. S,e -as t,en a-a0ene+ /) t,e presence o1 t,e latter -,o allege+l) -as poling a 0ni1e at t,e /ase o1 ,er nec0. 2,ile ,ol+ing t,e 0ni1e -it, one ,an+! Salo'e un+resse+ ,er -it, ,is ot,er ,an+. 3e t,reatene+ t,at ,e -oul+ 0ill ,er an+ ,er 1a'il) i1 s,e -oul+ tell an)one a/out t,e inci+ent. A1ter un+ressing ,er! Salo'e 1orce+ ,er to lie +o-n! sprea+ ,er legs! an+ inserte+ ,is penis into ,er vagina. #ear1ul 1or ,er li1e an+ ,er 1a'il)4s sa1et)! s,e +i+ not in1or' an)one o1 t,e inci+ent. 3o-ever! -,en s,e 1oun+ out t,at s,e -as pregnant! Sall) reporte+ t,e inci+ent to t,e Police. An in1or'ation -as 1ile+ against Salo'e 1or t,e cri'e o1 RAPE -it, t,e use o1 a +ea+l) -eapon. Salo'e interpose+ in ,is ali/i t,at ,e -as 1is,ing +uring t,e allege+ ti'e o1 t,e inci+ent -,ic, -as corro/orate+ /) t-o -itnesses -,o acco'panie+ ,i' -it, t,e 1is,ing activit). R%$& $onvicte+ Salo'e o1 Rape -it, t,e use o1 +ea+l) -eapon aggravate+ /) t,e circu'stance o1 +-elling. 5eat, Peanalt) -as i'pose+. $A& Auto'atic Revie- /) S$ /ut -as re1erre+ to $A 1or inter'e+iate revie- pursuant to t,e S$ ruling on Pp. 6s. Mateo. A11ir'e+ t,e ruling o1 t,e R%$. S$& A11ir'e+ t,e conviction. *n lig,t! ,o-ever! o1 t,e passage o1 RA 9 76! t,e i'position o1 +eat, penalt) -as pro,i/ite+. Section " t,ereo1 states t,at in lieu o1 +eat, penalt)! t,e 1ollo-ing s,all /e i'pose+& a8 %,e penalt) o1 Reclusion Perpetua! -,en t,e la- violate+ 'a0es use o1 t,e no'enclature o1 t,e penalties o1 t,e RP$ /8 %,e penalt) o1 Li1e *'prison'ent! -,en t,e la- violate+ +o not 'a0e use o1 t,e no'enclature o1 t,e penalties o1 t,e RP$. #urt,er'ore! Section o1 t,e sa'e la- states t,at persons convicte+ o1 t,e o11ense punis,e+ /) Reclusion Perpetua o1 -,ose sentence s,all /e re+uce+ to Reclusion Perpetua s,all NO% /e eligi/le 1or PAROLE un+er t,e *n+eter'inate Sentence La-. *t s,oul+ /e note+ t,at -,ile t,e ne- la- pro,i/its t,e i'position o1 +eat, penalt)! t,e penalt) provi+e+ 1or a ,einous cri'e is still +eat, an+ t,e o11ense is still ,einous. On t,e ot,er ,an+! Auto'atic appeal in cases -,ere t,e trial court i'poses t,e +eat, penalt) -ill ,ence1ort, not appl)! since its i'position is no- pro,i/ite+! so t,at t,ere is a nee+ to PER#E$% an appeal! i1 appeal is +esire+ 1ro' a 9u+g'ent o1 conviction 1or an o11ense -,ere t,e penalt) i'pose+ is Reclusion Perpetua in lieu o1 +eat, penalt) pursuant to t,e ne- la- pro,i/iting it.

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