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PEOPLE Vs. Gregorio Padre-E

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. GREGORIO PADRE-E, accused-appellant.

G.R. Nos. 112969-70 | 1995-10-24

D E C I S I O N


HERMOSISIMA, JR, J.:

Rape, derived from the Latin word, rapere, literally meaning, to seize with violence, is generally defined as the carnal knowledge of a woman by a man forcibly and unlawfully against her will. Differences of opinion there had been in defining the meaning of "carnal knowledge". Is penetration, the act of inserting the penis into the female organ of generation, in itself sufficient or is the rupture of the hymen necessary? Is emission an essential ingredient of the crime? Is emission an essential ingredient of the crime? Are both penetration and emission necessary for conviction?

In view hereof and...