Petitioner
People
Respondent
Joey Toriaga
Citation
G.R. No. 177145
Court
Supreme Court
Division
Third Division
Ponente
Bersamin, J.
Decided
February 9, 2011

Summary

Joey Toriaga, a family friend, was convicted of raping 13-year-old AAA using an icepick as a deadly weapon. On November 26, 1995, while intoxicated, Toriaga threatened the victim with an icepick, forced her to undress, raped her, then stabbed her multiple times believing he had killed her. Medical evidence revealed extensive injuries consistent with violent assault and rape. Despite Toriaga's changing defenses from denial to claiming consensual sex, all three court levels affirmed his conviction. The Supreme Court upheld the penalty of reclusion perpetua under Article 335 of the Revised Penal Code for rape with deadly weapon, and added exemplary damages due to the qualifying circumstance. The case demonstrates the courts' rejection of uncorroborated consent defenses when physical evidence contradicts such claims.

Statutes applied

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By the Intellegal Editorial Board · February 9, 2011

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