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GACUSAN

George Gacusan was convicted of raping his 15-year-old stepdaughter AAA. The regional trial court found AAA's testimony credible and convicted Gacusan. On appeal, Gacusan argued the prosecution failed to prove force or intimidation. The Court of Appeals affirmed the conviction, holding force is not required in incestuous rape or rape by a step-parent, as moral ascendancy takes the place of force. The Supreme Court affirmed Gacusan's conviction of reclusion perpetua for raping his stepdaughter.

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Mary Rose Santiago
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128 views1 page

GACUSAN

George Gacusan was convicted of raping his 15-year-old stepdaughter AAA. The regional trial court found AAA's testimony credible and convicted Gacusan. On appeal, Gacusan argued the prosecution failed to prove force or intimidation. The Court of Appeals affirmed the conviction, holding force is not required in incestuous rape or rape by a step-parent, as moral ascendancy takes the place of force. The Supreme Court affirmed Gacusan's conviction of reclusion perpetua for raping his stepdaughter.

Uploaded by

Mary Rose Santiago
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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People vs.

George Gacusan
G.R. No. 207776 April 26, 2017

The facts of this case arose when an information for rape was filed before the
Regional Trial of Dagupan City against respondent Gacusan. Gascuan, is the step-
father of AAA, who did then and there, wilfully, unlawfully and feloniously have carnal
knowledge to AAA, a 15 year old minor, by having sexual intercourse with her, against
her will and consent, to her damage and prejudice.
The Regional Trial found AAA’s testimony as credible to establish the sordid acts
committed against her. Moreover, AAA’s testimony was clear, sincere, spontaneous and
candid. The Court finds the accused Gacusan guilty beyond reasonable doubt for the
crime of simple rape under the Revised Penal Code and sentenced to suffer penalty of
reclusion perpetua. On appeal, Gacusan insisted that his guilt was not proven beyond
reasonable doubt because the prosecution failed to prove the elements of force, threat
or intimidation in the rape incident. The Court of Appeals renders a decision affirming
the Gacusan’s conviction. The Court of Appeals held that in incestuous rape or those
committed by the common law spouse of the victim’s parent, evidence of force and
intimidation is not necessary to secure a conviction. In rape committed by an ascendant,
close kin, a step parent or a common law spouse of a parent, moral ascendancy takes
the place of force and intimidation. Furthermore, it cites People v. Noverras to
emphasize that there is no need to establish physical resistance when a victim submits
because of fear due to the threats and intimidation employed by the perpetrator.
Physical resistance is not the only test in determining whether a woman involuntarily
succumbed to the lust of an accused. Thus, rape victims react differently to the
situation.
In addition, accused Gacusan had a moral ascendancy over AAA, being the
step-father of the 12 year-old complainant, common-law partner of AAA’s deceased
mother, and given all these reasons, that AAA was left without any other choice but to
succumb to Gacusan’s sordid acts. The Court emphasize that actual force or
intimidation need not even be employed for rape to be committed where the over
powering influence of a father over his daughter suffice.
The Supreme Court affirmed with modification the assailed decision of the Court
of Appeals and sentenced accused George Gacusan to suffer the penalty of reclusion
perpetua and to pay private complainant P75,000.00 as civil indemnity, P75,000.00 as
moral damages, P75,000.00 as exemplary damages, and the costs of the suit.

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