This case has been cited 3 times or more.
|
2003-06-10 |
PANGANIBAN, J. |
||||
| Rape is committed when carnal knowledge of a woman is obtained under any of the following circumstances: (1) when force or intimidation is used, (2) when the woman is deprived of reason or is otherwise unconscious, or (3) when she is under twelve years of age.[10] Moreover, "under Article 335 of the Revised Penal Code, x x x actual penetration of the female sex organ by the male sex organ is required as an element of rape. This penetration constitutes carnal knowledge, which is synonymous with sexual intercourse."[11] | |||||
|
2001-06-28 |
BELLOSILLO, J. |
||||
| It is sound policy that self-contradictions in testimonies should be reconciled, if possible, the rule being the same as that which obtains where witnesses apparently contradict each other.[37] These contradictory statements should be considered in light of explanations and attending circumstances, and whether inconsistencies or incongruities result from misconception of an innocent witness or willful and corrupt misrepresentation.[38] Indeed, to get to the truth, complainant's testimony must be considered and measured in its entirety and not by its truncated portions or isolated passages.[39] | |||||