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145 Id. 146 321 Phil. 279 ( 1995). 147 Id. at 318. 148 People v. Cias, G.R. No. 194379, June I, 2011, 650 SCRA 326, 337. 149 TSN, February 3, 2000, p. IO; TSN, February 4, 2000, pp. 48-50. 150 People v. Satioquia, 460 Phil. 167, 173 (2003). 151 TSN, July 3, 2000, pp. 13-14. 152 See People v. Cabtalan, G.R. No. I 75980, February I 5, 2012, 666 SCRA 174, 192-193. 153 TSN, November 21, 2000, pp. 13-14. People v. Ogarte, G.R. No. 182690, May 30, 2011, 649 SCRA 395, 413, citing People v. Palomar, 343 Phil. 628, 663-664 (1997). 154 155 People v. Viojela, G.R. No. 177140, October 17, 2012, 684 SCRA 241, 257-258. 156 156 TSN, May 11, 2001, p. 171. 157 People of the Philippines v. Joey Bacatan, supra note 144. 158 Id. 159 Id. 160 Id. 161 Id.

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People v. Jumawan

Jurisprudence

Case number: G.R. No. 187495

Division: PH Supreme Court First Division

Date of decision: Apr 21, 2014

Year of decision: 2014

GBV Case Type

Rape

Nature of the case: The accused forced his wife to have sexual intercourse with the former against her will. Two Informations for rape were filed before the RTC respectively docketed as Criminal Case No. 99-6689 and Criminal Case No. 99-669. The accused raised the irrevocable implied consent theory as defense but the Court did not accept the said defense. The Court posited that husbands are once again reminded that marriage is not a license to forcibly rape their wives. A husband does not own his wife's body by reason of marriage. By marrying, she does not divest herself of the human right to an exclusive autonomy over her own body and thus, she can lawfully opt to give or withhold her consent to marital coitus. The Court found the accused guilty of two counts of rape. He is sentenced to suffer the penalty of reclusion perpetua for each count, without eligibility for parole.

Summary of outcome: The Court found the accused guilty of two(2)counts of rape. He is sentenced to suffer the penalty of reclusion perpetua for each count, without eligibility for parole.

He 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 PS0,000.00 as civil indemnity, ₱50,000.00 as moral damages, and ₱30,000.00 as exemplary damages, for each count of rape. The award of damages shall earn legal interest at the rate of six percent (6%) per annum from the finality of this judgment until fully paid.

Observatory: Gender-Based Violence

Affected Sector

Women

Ponente: REYES, J.

Long title: PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. EDGAR JUMAWAN, Accused-Appellant.

Notes: UN-CEDAW was mentioned in the case relative to a ban on all forms of discrimination against women and the Philippines' international commitment to condemn discrimination against women in all its forms, and agreed to pursue, by all appropriate means and without delay, a policy of eliminating discrimination against women.

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Latitude: 8.476873

Longitude: 124.64127

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People v. Jumawan

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