This case has been cited 7 times or more.
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2006-08-16 |
CALLEJO, SR., J. |
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| The common defense of alibi used by the appellants cannot, moreover, prevail over Clarissa's clear and convincing narration of the events that transpired and her positive identification of her assailants. It is a time-honored rule that alibi is a weak defense when unsubstantiated by credible and plausible testimonies.[84] To merit approbation, clear and convincing evidence must be adduced that the accused was in a place other than the situs of the crime at the time the crime was committed, such that it was physically impossible for him to have committed the crime. | |||||
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2004-01-13 |
TINGA, J, |
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| Additionally, the defense has not imputed to her any ill motive to indict the appellants with trumped up charges. The appellants have categorically manifested that they had no quarrel with Baby Jane and effectively erased any evil intention that may be attributed to her. Their claim is that the charges were instigated by Baby Jane's father, Rafael Dagot. This is absurd. It is unnatural for a parent to use her offspring as an engine of malice, especially if it will subject her to embarrassment, and even stigma, as in this case.[35] In like manner, a father would not subject his daughter to the indignities of a rape trial just to evade payment of a debt. | |||||
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2001-05-24 |
PER CURIAM |
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| Similarly, the imputation by CASTRO of ill-motive on the part of his wife and mother-in-law does not persuade us. It is unnatural for a parent, more so for a mother, to use her offspring as an engine of malice especially if it will subject her child to the humiliation, disgrace and even stigma attendant to a prosecution for rape, if she were not motivated solely by the desire to incarcerate the person responsible for her child's defilement.[26] Other than his self-serving testimony, CASTRO failed to substantiate his claims that his fight with Dolores over a parcel of land could have caused the filing of the case against him. In the same vein, no grandmother would expose her granddaughter of innocent age to the ignominy and ordeal of a public trial of rape unless the charge is true.[27] Furthermore, the record reveals that Rosita Gutlay lost no time in reporting the bestial act of CASTRO to the police authorities of Bulan immediately after VENUS told her about the dastardly act. | |||||
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2001-02-28 |
PER CURIAM |
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| Q: When and where did that happen? A: Many times when we were still in Mindanao. In fact there was a time when my mother became crazy because of his beatings. Far from aiding the cause of the accused, his claim of complainant's pent-up anger and ill motive only shows the absurdity of his defense. He asserts on one hand that complainant wanted revenge against him for previously maltreating her mother, yet on the other, he claims that he and complainant were "sweethearts" who regularly engaged in consensual sex from September of 1996 to January of 1997. If the complainant despised the accused to the point of seeking vengeance for the alleged maltreatment of her mother, then why would she accept his proposal of love and even have repeated consensual sex with him? The accused apparently suggests that twelve (12)-year old Raquel Yasas diabolically plotted to first have sex with him and then framed him up with fabricated rape charges to avenge her mother's supposed sufferings. Such a thought is simply preposterous, for no woman, especially of tender age, would conjure a story of defloration, allow an examination of her private parts and thereafter pervert herself by being subject to a public trial if she was not motivated solely by a desire to have the culprit apprehended and brought to justice.[53] | |||||
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2000-03-30 |
BELLOSILLO, J. |
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| The pudendum or vulva is the collective term for the female genital organs that are visible in the perineal area, e.g., mons pubis, labia majora, labia minora, the hymen, the clitoris, the vaginal orifice, etc. The mons pubis is the rounded eminence that becomes hairy after puberty, and is instantly visible within the surface. The next layer is the labia majora or the outer lips of the female organ composed of the outer convex surface and the inner surface. The skin of the outer convex surface is covered with hair follicles and is pigmented, while the inner surface is a thin skin which does not have any hair but has many sebaceous glands. Directly beneath the labia majora is the labia minora.[15] Jurisprudence dictates that the labia majora must be entered for rape to be consummated,[16] and not merely for the penis to stroke the surface of the female organ. Thus, a grazing of the surface of the female organ or touching the mons pubis of the pudendum is not sufficient to constitute consummated rape. Absent any showing of the slightest penetration of the female organ, i.e., touching of either labia of the pudendum by the penis, there can be no consummated rape; at most, it can only be attempted rape, if not acts of lasciviousness. | |||||
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2000-03-30 |
BELLOSILLO, J. |
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| Judicial depiction of consummated rape has not been confined to the oft-quoted "touching of the female organ,"[17] but has also progressed into being described as "the introduction of the male organ into the labia of the pudendum,"[18] or "the bombardment of the drawbridge."[19] But, to our mind, the case at bar merely constitutes a "shelling of the castle of orgasmic potency," or as earlier stated, a "strafing of the citadel of passion." | |||||