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    People vs. Castromero, G.R. No. 118992 (280 SCRA 421)

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    Dwight Lo
    Celerino Castromero broke into Josephine Baon's home in the early morning hours. He threatened her with a knife and attempted to rape her, touching her vagina with his penis. To escape, Josephine jumped from a window and broke her vertebra, requiring over 90 days of medical attention. Castromero was convicted of the complex crime of rape with serious physical injuries. The court upheld this conviction, noting that one who causes another immediate danger leading to injury is responsible for consequences suffered during escape.

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    People vs. Castromero, G.R. No. 118992 (280 SCRA 421)

    Uploaded by

    Dwight Lo
    93 views2 pages
    Celerino Castromero broke into Josephine Baon's home in the early morning hours. He threatened her with a knife and attempted to rape her, touching her vagina with his penis. To escape, Josephine jumped from a window and broke her vertebra, requiring over 90 days of medical attention. Castromero was convicted of the complex crime of rape with serious physical injuries. The court upheld this conviction, noting that one who causes another immediate danger leading to injury is responsible for consequences suffered during escape.

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    – People vs. Castromero, G.R. No. 118992 (280 SCRA 421)

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    Celerino Castromero broke into Josephine Baon's home in the early morning hours. He threatened her with a knife and attempted to rape her, touching her vagina with his penis. To escape, Josephine jumped from a window and broke her vertebra, requiring over 90 days of medical attention. Castromero was convicted of the complex crime of rape with serious physical injuries. The court upheld this conviction, noting that one who causes another immediate danger leading to injury is responsible for consequences suffered during escape.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    93 views2 pages

    People vs. Castromero, G.R. No. 118992 (280 SCRA 421)

    Uploaded by

    Dwight Lo
    Celerino Castromero broke into Josephine Baon's home in the early morning hours. He threatened her with a knife and attempted to rape her, touching her vagina with his penis. To escape, Josephine jumped from a window and broke her vertebra, requiring over 90 days of medical attention. Castromero was convicted of the complex crime of rape with serious physical injuries. The court upheld this conviction, noting that one who causes another immediate danger leading to injury is responsible for consequences suffered during escape.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    G.R. NO.

    118992 OCTOBER 9, 1997

    PEOPLE OF THE PHILIPPINES

    VS.

    CELERINO CASTROMERO

    FACTS:

    The accused and Josephine Baon are relatives and neighbors wherein their houses are located a
    mere 50 meters apart. On February 6, 1993, at around 2AM, Josephine Baon was awakened by the slam
    of the kitchen door. She rose up and went out of the bedroom to check what happened and outside the
    room she saw the accused. The accused pointed a knife at her and threatened not to shout. Thereafter,
    the accused got on top of her, undressed her, and tried to insert his penis into her vagina, because of
    the struggle, his penis touched her vagina. She then noticed that the accused was no longer holding the
    knife, she pushed him away. As she rose up, the accused grabbed her hands and was about to stab her.
    So, she immediately jumped out of the window. When she fell down, she yelled for help from her in-
    laws who responded and carried her to their house because she could not move her feet. Her in-laws
    reported the incident to the barangay captain who looked for the accused and to whom the accused
    surrendered.

    ISSUE:

    Whether or Not the accused is guilty of the Compound Crime of Rape with Serious Physical
    Injuries

    RULING:

    Yes. The court correctly convicted Appellant Castromero of the Complex Crime of Rape with
    Serious Physical Injuries. In relation to the charge that rape was complexed with the crime of serious
    physical injuries, we stress the settled principle that a person who creates in another’s mind an
    immediate sense of danger that causes the latter to try to escape is responsible for whatever the other
    person may consequently suffer. In this case, Josephine jumped from a window of her house to escape
    from Appellant Castromero; as a result she suffered from serious physical injuries, specifically a broken
    vertebra which required medical attention and surgery for more than ninety days.
    Notes:  In People vs. Dela Pena,   this Court held that "the mere touching of the external genitalia by
    31

    a penis capable of the consummating the sexual act constitutes carnal knowledge."

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