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Subing Subing

Mary Jane Espilan, a 16-year-old high school student, lived with her grandmother. Her uncle Napoleon Subingsubing, who also lived in the same house, raped Mary Jane when they were alone one day. However, the court found contradictions and inconsistencies in Mary Jane's testimony that cast doubt on whether a rape occurred. While Napoleon admitted to having sex with Mary Jane, the court found him guilty of the lesser crime of qualified seduction instead of rape. Qualified seduction involves having sex with a virgin aged 12 to 18 and abusing a position of trust or authority over the woman, such as being a family member living in the same home, which was Napoleon's relationship to Mary Jane.

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99 views

Subing Subing

Mary Jane Espilan, a 16-year-old high school student, lived with her grandmother. Her uncle Napoleon Subingsubing, who also lived in the same house, raped Mary Jane when they were alone one day. However, the court found contradictions and inconsistencies in Mary Jane's testimony that cast doubt on whether a rape occurred. While Napoleon admitted to having sex with Mary Jane, the court found him guilty of the lesser crime of qualified seduction instead of rape. Qualified seduction involves having sex with a virgin aged 12 to 18 and abusing a position of trust or authority over the woman, such as being a family member living in the same home, which was Napoleon's relationship to Mary Jane.

Uploaded by

mariakayyd
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© © All Rights Reserved
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Download as DOCX, PDF, TXT or read online on Scribd
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PEOPLE v.

SUBINGSUBING
228 SCRA 188
FACTS:
Complainant Mary Jane Espilan, 16 years old, was living with her grandmother. She
was then a high school student while the accused, Napoleon Subingsubing, is her
uncle, the brother of her mother and the son of her grandmother. Said accused was
then living also with her grandmother, hence, he and her were then living under the
same roof.
On Nov. 25, 1989, at 1:00 P.M., Mary Jane and Napoleon were alone in the house, the
grandmother having gone to the fields. When Mary Jane was about to go to school,
Napoleon forcibly pulled her to the bedroom of the grandmother, pointed his Garand rifle
at her, then punched her in the stomach rendering her unconscious. After regaining
senses, she noticed her vagina was bloody. She felt pain in her private parts and is
quite certain she was raped. The accused who was then standing outside the room
warned her not to tell anybody what happened or else he will kill her. Hence Mary Jane
did not report the incident to anybody.
ISSUE: Whether or not accuseds guilt for two counts of Rape be sustained.
HELD: NO, accuseds guilt cannot be sustained. Complainants testimony discloses
contradictions and inconsistencies on vital details which lead one to seriously doubt the
veracity of her story. By his admission that of having sexual intercourse with
complainant when the latter was only 16 years of age, living with him in the same house
and his niece, Qualified Seduction was undoubtedly committed by him. It is the act of
having carnal knowledge of a virgin over 12 years to 18 years of age and committed by
any person in public authority, priest, home-servant, domestic, guardian, teacher, or any
person who, in any capacity, shall be entrusted with the education and custody of the
woman seduced. Abuse of confidence is the qualifying circumstance in the offense.
Notably, among the persons who can commit qualified seduction is a "domestic". It
pertains to persons usually living under the same roof, pertaining to the same house,
and constituting, in the sense, a part thereof, distinguishing it from the term servant
whereby a person serving another on a salary is designated. Hence, conviction for
Qualified Seduction is proper since complainant established that the accused, her
uncle, who was living with her in the same house, had sexual intercourse with her, took
advantage of his moral ascendancy if not dominance over her, presumably, she was a
virgin and the accused was a domestic in relation to her within the meaning of Art. 337
of the RPC. Hence, accused is convicted of the crime of QUALIFIED SEDUCTION
instead of RAPE.

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