This case has been cited 1 times or more.
|
2001-03-07 |
BELLOSILLO, J. |
||||
| We do not agree. According to Lourdes, accused-appellant poked a knife at her waist while threatening to kill her and her aunt if she resisted. That act of accused-appellant was more than sufficient to subdue the victim and cow her into silence, because of the imminent danger not only to her life but to her aunt as well. Under the circumstances, her failure to shout or offer tenacious resistance did not make voluntary her submission to the criminal acts of the accused-appellant.[14] Also, we have held in People v. Grefiel[15] that "(i)ntimidation must be viewed in the light of the victim's perception and judgment at the time of the commission of the crime and not by any hard and fast rule; it is therefore enough that it produces fear -- fear that if the victim does not yield to the bestial demands of the accused something would happen to her at that moment or even thereafter as when she is threatened with death if she reports the incident." | |||||