[G.R. No. 24857. January 23, 1926. ]
THE PEOPLE OF THE PHILIPPINE ISLANDS, Plaintiff-Appellee, v. MATIAS EBOL, Defendant-Appellant.
Perfecto J. Salas Rodriguez for Appellant.
Attorney-General Jaranilla for Appellee.
1. CRIMINAL LAW; RAPE; ABUSE OF CONFIDENCE; AGGRAVATING CIRCUMSTANCE. — The defendant being the uncle of the woman whom he raped and the crime having been committed in her house where he had asked for shelter, the aggravating circumstance of abuse of confidence must be considered in the imposition of the penalty.
D E C I S I O N
AVANCEÑA, C.J. :
About the month of July, 1925, the offended party, Rafaela M. Cruz, lived with her husband and two children, aged 8 and 4 years, respectively, in their house in the barrio of San Roque of the municipality of Zamboanga. On the afternoon of the 6th day o