This case has been cited 2 times or more.
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2007-07-27 |
CARPIO MORALES, J. |
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| As for AAA's delay of almost six months in reporting the incident to the authorities, People v. Francisco,[38] People v. Marcelo[39] and People v. Bayani[40] enlighten. In these cases, this Court declared that a six-month delay in reporting the rape to the authorities does not impair the credibility of the private complainant or indicate a fabricated charge if satisfactorily explained.[41] | |||||
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2000-01-21 |
MENDOZA, J. |
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| (3) The evidence for the prosecution must stand or fall on its own merits and cannot be allowed to draw strength from the weakness of the evidence for the defense.[8] In finding accused-appellant guilty, the trial court said:The facts as established through the testimony of the private offended party given in a straightforward, frank and unaffected manner coming as it does from a simple and rural young woman, show that the accused who was staying alone in his house in the morning of October 28, 1994 and knowing that the parents and other kins of Nelly were in Bato, Camarines Sur that morning took advantage of the situation when in isolated setting in a rural place, he saw Nelly alone trying to get the carabao that was tethered near his house. Accused surprised Nelly and forcibly dragged her to his house and despite her resistance and struggle, this petite young woman could not have possibly put up a serious resistance against the assault of the accused. Thus, herein accused, through force and intimidation, succeeded in having carnal knowledge of Nelly until the day has come when she has to face the music as the baby could not be kept forever in her womb. Nelly has to finally reveal to her parents the ordeal she underwent at the hands of her Lolo Patricio. It was nine months after the incident that she revealed for the first time the rape committed against her by the accused. | |||||