This case has been cited 7 times or more.
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2004-07-06 |
YNARES-SANTIAGO, J. |
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| We have reviewed the records, and we found no reason why Ana Liza should concoct a story as damaging to her reputation as this, if it were not true that she was raped. We have held that when the offended parties are young and immature girls from the ages of twelve to sixteen, courts are inclined to lend credence to their version of what transpired, considering not only their relative vulnerability but also the shame and embarrassment to which they would be exposed by court trial if the matter about which they testified is not true.[46] It is unbelievable that a young barrio lass would concoct a tale of defloration, allow the examination of her private parts, and undergo the expense, trouble and inconvenience, not to mention the trauma and scandal of a public trial, unless she was in fact raped.[47] No young and decent Filipina would publicly admit that she was ravished and her honor tainted unless such was true, for it would be instinctive for her to protect her honor and obtain justice for the wicked acts committed upon her.[48] | |||||
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2001-10-25 |
PER CURIAM |
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| Moreover, the complainant here was only 13 years old at the time she was first raped and 16 when she testified. No young and decent lass will publicly cry rape, particularly against her own father, if such were not the truth, or if justice were not her sole objective.[30] We note here not only the young victim's vulnerability but also the shame and embarrassment to which her family would be exposed by a public trial if the matters about which she testified were not true.[31] Thus, we find appellant's first assigned error untenable. | |||||
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2001-03-30 |
BELLOSILLO, J. |
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| Accused-appellant's argument also seems to suggest that it is inconceivable for a soft penis to penetrate his victim's genitalia. We disagree. It is settled that the slightest penetration of the lips of the female organ or of the labia of the pudendum constitutes rape.[20] A flaccid penis can do as much damage as an erect one - at least insofar as the crime of rape is concerned. It can even be inferred from private complainant's testimony that the penis of the accused, in trying to penetrate her sex organ, touched the middle portion of her vagina and entered the labia of her pudendum. Notwithstanding his uncooperative organ, accused-appellant exhibited a remarkable tenacity to penetrate his victim and in fact succeeded in consummating his malevolent desire. This much was confirmed by the findings of fresh lacerations by the medico-legal officer. | |||||
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2000-08-29 |
PURISIMA, J. |
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| forceful attempt by appellant to sexually abuse the complainants that brought about the said lacerations. Anyway, lack of penetration cannot exculpate appellant. Settled is the rule that complete penetration is not essential. The slightest touching of the lips of the female organ or labia of the pudendum constitutes rape.[27] | |||||
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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." | |||||
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2000-02-02 |
PER CURIAM |
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| Also working against accused-appellants is the time-honored principle that alibi is an inherently weak defense and, unless supported by clear and convincing evidence, cannot prevail over the positive declaration of the victim who, in a natural and straightforward manner, convincingly identified the accused-appellants as those who sexually violated her.[44] This Court has held in a long line of cases that denial is a weak defense and it cannot prevail over a positive identification. Positive identification where categorical and consistent and without any showing of ill motive on the part of the eyewitness testifying on the matter prevails over a denial which, if not substantiated by clear and convincing evidence, is negative and self-serving evidence undeserving of weight in law.[45] As discussed above, both Ornella and Alexis, who have not been shown to have any ill motive, have positively identified appellants as the authors of the crime. Thus, we are persuaded that accused-appellants are indeed guilty. The testimony of 16-year old Ornella, in particular, inspires belief. We have held that when the offended parties are young and immature girls from the ages of twelve to sixteen, courts are inclined to lend credence to their version of what transpired, considering not only their relative vulnerability but also the shame and embarrassment to which they would be exposed by court trial if the matter about which they testified is not true.[46] Ornella's credibility as a rape victim is enhanced considering that she has no motive to testify against the accused-appellants and there is absolutely no evidence on record which can even remotely suggest that she could have been actuated by any motive.[47] | |||||