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    People Vs Monteron

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    1. The accused-appellant Marianito Monteron hit Mary Ann Martenez on the head with a slingshot, causing her to lose consciousness. When she regained consciousness, she was naked and Monteron was lying on top of her. 2. Monteron placed his penis on Mary Ann's vagina, causing her pain. She was able to push his penis away, at which point he stood up in pain. 3. A medical examination found Mary Ann's hymen was intact with no lacerations, but her labia minora was coapted and labia majora was gaping. 4. The Supreme Court found the evidence negated the commission of rape,

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    People Vs Monteron

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    FV
    141 views1 page
    1. The accused-appellant Marianito Monteron hit Mary Ann Martenez on the head with a slingshot, causing her to lose consciousness. When she regained consciousness, she was naked and Monteron was lying on top of her. 2. Monteron placed his penis on Mary Ann's vagina, causing her pain. She was able to push his penis away, at which point he stood up in pain. 3. A medical examination found Mary Ann's hymen was intact with no lacerations, but her labia minora was coapted and labia majora was gaping. 4. The Supreme Court found the evidence negated the commission of rape,

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    1. The accused-appellant Marianito Monteron hit Mary Ann Martenez on the head with a slingshot, causing her to lose consciousness. When she regained consciousness, she was naked and Monteron was lying on top of her. 2. Monteron placed his penis on Mary Ann's vagina, causing her pain. She was able to push his penis away, at which point he stood up in pain. 3. A medical examination found Mary Ann's hymen was intact with no lacerations, but her labia minora was coapted and labia majora was gaping. 4. The Supreme Court found the evidence negated the commission of rape,

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    141 views1 page

    People Vs Monteron

    Uploaded by

    FV
    1. The accused-appellant Marianito Monteron hit Mary Ann Martenez on the head with a slingshot, causing her to lose consciousness. When she regained consciousness, she was naked and Monteron was lying on top of her. 2. Monteron placed his penis on Mary Ann's vagina, causing her pain. She was able to push his penis away, at which point he stood up in pain. 3. A medical examination found Mary Ann's hymen was intact with no lacerations, but her labia minora was coapted and labia majora was gaping. 4. The Supreme Court found the evidence negated the commission of rape,

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    © All Rights Reserved
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    Valenton, Francis Angelo T.

    Criminal Law 2

    1S

    People vs. Monteron (G.R. No. 157718 )

    Facts: The plaintiff-appellee is the People of the Philippines. The accused-appellant is the
    Marianito Monteron. In the case at bar, on March 7, 1996, at 12:10 p.m., while 15 year-old Mary
    Ann Martenez was walking home a secluded portion of the road, she was hit on the head by a
    slingshot. Suddenly she fell down unconscious. When she came into senses, she found herself
    lying on the grass naked and tccused-appellant was lying on top of her. She struggled but
    accused-appellant, who was stronger, restrained her. He placed his penis on top of her vagina,
    which caused her to feel pain. She frantically grabbed his erect penis and pushed it away from
    her. This caused accused-appellant to stand up in pain. Mary Ann ran towards the road while
    putting on her clothes. The following morning, Mary Ann was brought to the City Health Office
    of Davao City where she was examined by Dr. Ledesma. The latter found that Mary Anns hymen
    was intact and had no laceration, but her labia minora was coaptated and her labia majora was
    gaping. The appellant was charged with rape and found guilty thereof by the RTC.

    Issue: Is the appellant guilty of rape.

    Held: The Supreme Court said the material evidence would negate the commission of rape. As
    corroborated by the examination by the Dr. Ledesma, it would negate the commission of the
    crime of rape as punshibale by the herein appellant. However, it is without a doub that what was
    committed was attempted rape. This is because the appellant has committed the overt acts of
    rape, and that there was an intent to lie.

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