This case has been cited 3 times or more.
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2009-03-17 |
VELASCO JR., J. |
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| Viewed against the convincing evidence of the prosecution, Ernesto's bare denial and alibi, while legitimate defenses in rape cases, must necessarily fail. Denial is an intrinsically weak defense which must be buttressed by strong evidence of non-culpability to merit acceptability. The supporting exculpatory proof is, to be sure, absent. Ernesto's allegation of trumped up charges concocted by an irate and ill-motivated BBB is incredible and unfounded. BBB belongs to a culture which would not accuse or testify against a father and in the process drag herself and the family to a lifetime of embarrassing gossip just to assuage her own hurt feelings. As we articulated in People v. Oliva, no mother would subject her child to the humiliation, disgrace, and trauma 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.[25] | |||||
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2006-11-29 |
TINGA, J. |
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| The inconsistencies, if any, in AAA's testimony are minor details. They are too inconsequential and immaterial to affect the heart of the issue. These lapses do not detract from the overwhelming testimony of the prosecution witnesses who positively identified the malefactor.[58] What is material is that all the elements of statutory rape have been properly alleged and adequately proved in this case. In statutory rape, only two elements need to be established: (1) that the accused had carnal knowledge of the offended party; and (2) that the offended party was below twelve (12) years of age at the time of the sexual assault. Force or intimidation, not being an essential element of the crime, need not be proven.[59] | |||||
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2001-03-01 |
BELLOSILLO, J. |
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| Neither can we believe Jessie's allegation that Julie only wanted him out of their house because she favored her own relative over him. No mother in her right mind would subject her child to the humiliation, disgrace and trauma 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.[22] Furthermore, it is highly improbable that a rape victim and her family would publicly disclose the incident and thus sully their honor and reputation in the community unless the charge is true.[23] In fact, if Julie only wanted Jessie out of her house,[24] then why would the Dumaoal family file the complaints against him only on 13 April 1994, when it is clear that he had already left the household as early as 22 October 1993. Neither does this explain why the Dumaoal spouses felt compelled to change residences in such a short period of time. As Jose Noli testified, they made the move even before All Saint's Day,[25] which shows that they left their familiar surroundings and uprooted their family all within ten (10) days just so they could ensure Messeah's safety. | |||||