People vs. Orilla - GR 148939-40, February 13, 2004
Uploaded by
Stephen Michael Ben CañetePeople vs. Orilla - GR 148939-40, February 13, 2004
Uploaded by
Stephen Michael Ben CañetePeople vs.
Orilla – GR 148939-40, February 13, 2004
Facts:
Fifteen-year old Remilyn Orilla was sound asleep inside their house located when she
was suddenly awakened by a heavy weight pressing on her body and found appellant
Joseph Orilla on top of her. Remilyn Orilla noticed that she was naked from waist down.
Appellant continuously pinned down Remilyn Orilla’s body with his own. She struggled
to free herself from appellant but her efforts proved futile.
Issue: W/N circumstances pertinent to the relationship is an aggravating circumstance
Held:
No. The alternative circumstance of relationship shall be taken into consideration when
the offended party is the spouse, ascendant, descendant, legitimate, natural, or adopted
brother or sister, or relative by affinity in the same degree of the offender. Alternative
circumstances are those which must be taken into consideration as aggravating or
mitigating according to the nature and effects of the crime and other conditions
attending its commission.
