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    Velasco

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    Je S Be
    The document describes a case where a man was charged with three counts of rape and one act of lasciviousness against his 14-year-old daughter. The man was convicted by the trial court and his conviction was affirmed by the appellate court. On appeal, the Supreme Court ruled that any objection to the legality of his arrest needed to be raised before arraignment and was now waived.

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    Velasco

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    Je S Be
    8 views2 pages
    The document describes a case where a man was charged with three counts of rape and one act of lasciviousness against his 14-year-old daughter. The man was convicted by the trial court and his conviction was affirmed by the appellate court. On appeal, the Supreme Court ruled that any objection to the legality of his arrest needed to be raised before arraignment and was now waived.

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    1. Velasco(1)

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    The document describes a case where a man was charged with three counts of rape and one act of lasciviousness against his 14-year-old daughter. The man was convicted by the trial court and his conviction was affirmed by the appellate court. On appeal, the Supreme Court ruled that any objection to the legality of his arrest needed to be raised before arraignment and was now waived.

    Copyright:

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

    Velasco

    Uploaded by

    Je S Be
    The document describes a case where a man was charged with three counts of rape and one act of lasciviousness against his 14-year-old daughter. The man was convicted by the trial court and his conviction was affirmed by the appellate court. On appeal, the Supreme Court ruled that any objection to the legality of his arrest needed to be raised before arraignment and was now waived.

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    © All Rights Reserved
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    of 2

    G.R. No.

    190318 November 27, 2013

    PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs.


    ROBERTO VELASCO, Accused-Appellant.

    FACTS: Accused-appellant, Roberto Velasco, being a step-father, was charged with


    3 counts of rape and 1 acts of lasciviousness upon his daughter who is 14 years old.

    The offense of rape was committed sometime in December 27, 28 and 29, 2001 in
    their house in Malolos, Bulacan where “Lisa” lived together with her mother.

    “Lisa” was threatened by Velasco by not telling anyone what transpired. On


    December 21, 2002 only the crime of acts of lasciviousness was committed because
    “Lisa” shouted and Velasco feared to be discovered since “Lisa’s” mother and
    brother were sleeping nearby.

    The medico-legal report submitted that “Lisa” is not a virgin state stating she had
    shallow healed hymenal lacerations.

    “Lisa” was presented for her testimony of facts of what transpired on the alleged
    date of rape.

    However, Velasco’s defense was that he was at work with his nephew Roderick
    Palconet on the alleged date of rape while at home on December 21, 2002. He
    further claimed that the accusation was purely based on the anger of “Lisa’s” father
    because he was having a living-in relationship with her mother.
    RTC of Malolos, Bulacan convicted the Velasco of the said offenses which the CA
    affirmed with modification on the amounts of damages awarded to the victim.
    Hence, this petition.

    ISSUE: Whether or not the court a quo gravely erred in not finding the warrantless
    arrest of the accused-appellant as illegal.

    RULING:

    No. Jurisprudence tells us that an accused is estopped from assailing any


    irregularity of his arrest if he fails to raise this issue or to move for the quashal of
    the information against him on this ground before arraignment.

    Thus, any objection involving a warrant of arrest or the procedure by which the
    court acquired jurisdiction of the person of the accused must be made before he
    enters his plea; otherwise, the objection is deemed waived.

    Even if the warrantless arrest of the accused were proven to be invalid, it is not
    sufficient to cause for a valid judgment rendered upon a sufficient complaint after a
    trial free from error. An irregularity of an arrest must be raised before arraignment,
    its failure to raise the issue or to move to quash information will render it as a
    waiver of the objection on the legality of the arrest.

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