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PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. RUDY NUYOK, ACCUSED-APPELLANT.

PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. RUDY NUYOK, ACCUSED-APPELLANT.

G.R. No. 195424 | 2015-06-15

FIRST DIVISION
 
D E C I S I O N

BERSAMIN, J.:

Rape can be committed in a cramped dwelling despite the probable presence of other occupants because seclusion is not an element of the crime. Its commission can be established by circumstantial evidence even if the victim, being the sole witness, was rendered unconscious during its commission.

Antecedents
 
AAA,[1] having been born on May 5, 1992 to the Spouses ABC and DEF as evidenced by her certificate of live birth,[2] was 13 years old when the accused committed the rapes in June, July, August and September of 2005. At the time, she resided in the house of her grandmother, BBB, in...