This case has been cited 3 times or more.
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2001-03-26 |
BELLOSILLO, J. |
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| As for Filemon Bantilan's unnatural reaction to the gunshots, it may be said that people react differently to a given stimulus or type of situation, and there is no standard form of behavioral response when one is confronted with a strange, startling or frightful experience.[19] | |||||
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2000-12-04 |
BELLOSILLO, J. |
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| As for Ellen's feeble attempts to resist the accused-appellant, it is clear from the evidence that she was unsuccessful in warding off his carnal assault because, as she explained, she was too small compared to him. At any rate, physical resistance need not be established in rape when intimidation is exercised upon the victim and the latter submits herself, against her will, to the rapist's advances because of fear for her life and personal safety.[9] Intimidation is addressed to the mind of the victim and therefore subjective, and its presence cannot be tested by any hard-and-fast rule but must be viewed in the light of her perception and judgment at the time of the perpetration of the crime.[10] It may be of the moral kind, e.g., the fear caused by threatening a woman with a knife.[11] Here, accused-appellant was holding a hunting knife when Ellen was awakened, covered her mouth, then threatened her with death if she would shout. After the rape, he threatened her with death anew if she would inform her parents about the incident. | |||||