This case has been cited 2 times or more.
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2013-06-26 |
LEONARDO-DE CASTRO, J. |
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| "Not all blows leave marks."[30] The worst blow was that inflicted on AAA's psyche and dignity, which may have left an indelible though invisible mark. Thus, the fact that Dr. Nulud found no external physical signs of injury on AAA's thighs, contrary to her statement that she was hit there by Zafra, does not invalidate her claim that Zafra raped her that day and that he punched her thighs whenever she resisted. Expounding on a similar argument, this Court, in People v. Rabanes,[31] held: While the victim testified that she was slapped many times by the accused-appellant, which caused her to become unconscious, the doctor found no trace or injury on her face. The absence of any injury or hematoma on the face of the victim does not negate her claim that she was slapped. Dr. Lao also testified that if the force was not strong enough or if the patient's skin is normal, as compared to other patients where even a slight rubbing of their skin would cause a blood mark, no hematoma will result. But, even granting that there were no extra-genital injuries on the victim, it had been held that the absence of external signs or physical injuries does not negate the commission of the crime of rape. The same rule applies even though no medical certificate is presented in evidence. Proof of injuries is not necessary because this is not an essential element of the crime. (Citations omitted, emphases added.) | |||||
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2012-11-14 |
LEONARDO-DE CASTRO, J. |
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| In People v. Rabanes,[29] the accused similarly assailed the victim's testimony by saying that if her claim that she was slapped several times were true, then there would have been visible marks or injuries on her face, which would have been reported in the medical certificate. This Court, in response to therein accused's argument, held: While the victim testified that she was slapped many times by the accused-appellant, which caused her to become unconscious, the doctor found no trace or injury on her face. The absence of any injury or hematoma on the face of the victim does not negate her claim that she was slapped. Dr. Lao also testified that if the force was not strong enough or if the patient's skin is normal, as compared to other patients where even a slight rubbing of their skin would cause a blood mark, no hematoma will result. But, even granting that there were no extra-genital injuries on the victim, it had been held that the absence of external signs or physical injuries does not negate the commission of the crime of rape. The same rule applies even though no medical certificate is presented in evidence. Proof of injuries is not necessary because this is not an essential element of the crime.[30] (Citations omitted, emphases added.) | |||||