This case has been cited 1 times or more.
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2002-05-29 |
PUNO, J. |
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| In the Philippine setting, proof of the moral character of the offended party is applied with frequency in sex offenses and homicide.[44] In rape and acts of lasciviousness or in any prosecution involving an unchaste act perpetrated by a man against a woman where the willingness of a woman is material, the woman's character as to her chastity is admissible to show whether or not she consented to the man's act.[45] The exception to this is when the woman's consent is immaterial such as in statutory rape[46] or rape with violence or intimidation.[47] In the crimes of qualified seduction[48] or consented abduction,[49] the offended party must be a "virgin," which is "presumed if she is unmarried and of good reputation,"[50] or a "virtuous woman of good reputation."[51] The crime of simple seduction involves "the seduction of a woman who is single or a widow of good reputation, over twelve but under eighteen years of age x x x."[52] The burden of proof that the complainant is a woman of good reputation lies in the prosecution, and the accused may introduce evidence that the complainant is a woman of bad reputation.[53] | |||||