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People vs. Jumawan

1. Edgar Jumawan was accused of raping his wife KKK on two separate nights. Jumawan denied the allegations claiming his wife fabricated the story for revenge over business disputes. 2. The court ruled that under RA 8353 and RA 9262, marital rape is recognized and criminalized. RA 8353 removed rape from crimes against chastity and recognized it can occur within marriage. RA 9262 further affirmed this, defining sexual violence to include rape committed by a husband against his wife. 3. The court found Jumawan guilty of two counts of rape, recognizing that the law provides equal protection to women raped by their husbands and those raped by other men.

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306 views2 pages

People vs. Jumawan

1. Edgar Jumawan was accused of raping his wife KKK on two separate nights. Jumawan denied the allegations claiming his wife fabricated the story for revenge over business disputes. 2. The court ruled that under RA 8353 and RA 9262, marital rape is recognized and criminalized. RA 8353 removed rape from crimes against chastity and recognized it can occur within marriage. RA 9262 further affirmed this, defining sexual violence to include rape committed by a husband against his wife. 3. The court found Jumawan guilty of two counts of rape, recognizing that the law provides equal protection to women raped by their husbands and those raped by other men.

Uploaded by

carol anne
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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People vs. Jumawan, 722 SCRA 108, [G.R. No.

187495], (April 21, 2014)

Edgar Jumawan and his wife, KKK,[ lived together and raised their four (4) children[6] as they put up
several businesses over the years. 

According to the victim, conjugal intimacy did not really cause marital problems until later into marriage
when he started to be brutal in bed. One night, KKK fixed the matrimonial bed but did not
lie thereon but instead rested in a cot near the bed, which angered him. When he threw the cot against
the wall, KKK stood up and transferred to the bed where Edgar forced her to have sexual intercourse.
This incident happened again the following night even with the protests of their daughters.

Accused denied the rape and alleged that KKK merely fabricated it as revenge because he took over
the control and management of their business and to cover up her extra-marital affairs.

Issue: Whether or not there can be marital rape. (YES)

Ruling:

In 1997, R.A. No. 8353 eradicated the stereotype concept of rape in Article 335 of the RPC. The law
reclassified rape as a crime against person and removed it from the ambit of crimes against chastity.
More particular to the present case, and perhaps the law’s most progressive proviso is the 2nd
paragraph of Section 2 thereof recognizing the reality of marital rape and criminalizing its perpetration,
viz.:

Article 266-C. Effect of Pardon.—The subsequent valid marriage between the offended party shall
extinguish the criminal action or the penalty imposed. In case it is the legal husband who is the offender,
the subsequent forgiveness by the wife as the offended party shall extinguish the criminal action or the
penalty: Provided, That the crime shall not be extinguished or the penalty shall not be abated if the
marriage is void ab initio. Read together with Section 1 of the law, which unqualifiedly uses the term
“man” in defining rape, it is unmistakable that R.A. No. 8353 penalizes the crime without regard to the
rapist’s legal relationship with his victim.

The paradigm shift on marital rape in the Philippine jurisdiction is further affirmed by R.A. No. 9262,
which regards rape within marriage as a form of sexual violence that may be committed by a man
against his wife within or outside the family abode, viz.: Violence against women and their children
refers to any act or a series of acts committed by any person against a woman who is his wife within or
without the family abode.

It includes, but is not limited to, the following acts: xxx B. “Sexual violence” refers to an act which is
sexual in nature, committed against a woman or her child. It includes, but is not limited to: a) rape xxx.

The definition of rape in Section 1  of  R.A. No. 8353 pertains to: (a) rape, as traditionally known; (b)
sexual assault; and (c) marital rape or that where the victim is the perpetrator’s own spouse. The single
definition for all three forms of the crime shows that the law does not distinguish between rape
committed in wedlock and those committed without a marriage. Hence, the law affords protection to
women raped by their husband and those raped by any other man alike.

WHEREFORE, Edgar Jumawan is found GUILTY beyond reasonable doubt of two (2) counts of RAPE.

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