Ma. Thea Beatriz S. Barte, Ll.B. 1-F
People of The Philippines vs. Edgar Jumawan
G.R. No. 187495 April 21, 2014 Penned by: Reyes, J.
FACTS:
Accused-appellant and his wife, KKK, were married on October 18, 1975 and have 4 children. On February 19, 1999, KKK executed a Complaint-Affidavit, alleging that her husband, the Accused-Appellant, raped her at 3:00 a.m. of December 3, 1998. On December 12, 1998, the accused-appellant boxed her shoulder for refusing to have sex with him. According to KKK, conjugal intimacy did not really cause marital problems between her and the accused-appellant. However, in 1997, he started to be brutal in bed. He would immediately remove her clothing and, sans any foreplay, penetrate her. His abridged method of lovemaking was physically painful for her so she would resist his sexual ambush but he would threaten her into submission. On October 16, 1998, in the spouse’s bedroom, accused-appellant got angry when KKK refused to lie in bed with him because of headache and abdominal pain due to her forthcoming menstruation.
Her reasons did not appease him and he got angrier. He rose from the bed, lifted the cot KKK was lying on and threw it against the wall causing KKK to fall on the floor. Terrified, KKK stood up from where she fell, took her pillow and transferred to the bed. Accused-appellant Accused-appellant then forced KKK into sexual intercourse with him. On October 17, 1998, KKK decided to sleep on the children’s room. The Accused-appellant attempted to carry her out of the room and transfer KKK to their bedroom. MMM and OOO, their daughters, who saw this happen, pleaded their father to let KKK stay.
Accused-appellant ordered his daughters to leave them, and proceeded to rape KKK in the children’s bedroom.
ISSUE:
Whether or not there can be marital rape.
HELD:
YES. The Supreme Court held that husbands do not have property rights over their wives’ bodies. Sexual intercourse, albeit within the realm of marriage, if not consensual, is rape. Accused-appellant violated RA 8353 (The Anti-Rape Law of 1997). Accused-appellant Edgar Jumawan is found GUILTY beyond reasonable doubt of two (2) counts of RAPE and is sentenced to suffer the penalty of reclusion perpetua for each count, without eligibility for parole. He is further ordered to pay the victim, KKK, the amounts of ₱50,000.00 as civil indemnity, ₱50,000.00 as moral damages, and ₱30,000.00 as exemplary damages, for each count of rape.
