This case has been cited 4 times or more.
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2008-02-22 |
CARPIO, J. |
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| Appellant makes issue of the fact that AAA could not remember whether her father had pulled down her panties. This inconsistency refers merely to a minor and insignificant detail which does not even pertain to the gravamen of the crime. The Court has repeatedly ruled that discrepancies referring only to minor details and not to the central fact of the crime do not affect the veracity or detract from the credibility of a witness' declaration, as long as these are coherent and intrinsically believable on the whole.[11] It would be too much to expect AAA, a 13-year old girl then, to remember each and every detail of the fate she suffered under the hands of her father. The Court has recognized that even the most candid of witnesses make erroneous, confused, or inconsistent statements, especially when they are young and easily overwhelmed by the atmosphere in the courtroom. It is even expected when the victim is recounting the painful details of a humiliating experience which are difficult to recall in open court and in the presence of other people.[12] | |||||
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2007-09-25 |
CARPIO, J. |
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| On the discrepancy between the Information and the evidence regarding the date of commission of the crime, it is settled that even a variance of a few months between the time in the Information and that established by the evidence during trial has been held not to constitute a serious error warranting the reversal of a conviction solely on that ground.[15] The victim's failure to state the exact date and time of the commission of rape is a minor matter.[16] It is even expected when the victim is recounting the painful details of a humiliating experience which are difficult to recall in open court and in the presence of other people.[17] As held by the Court of Appeals, the date of the commission of the rape is not an essential element of the crime. | |||||
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2007-01-24 |
VELASCO, JR., J. |
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| The alleged inconsistencies are inconsequential considering that they refer to trivial matters which have nothing to do with the essential fact of the commission of rape, that is carnal knowledge through force or intimidation. Discrepancies and inconsistencies in the testimony of a witness referring to minor details, and not in actuality touching upon the central fact of the crime, do not impair her credibility. If at all, they serve as proof that the witness is not coached or rehearsed.[38] AAA categorically stated that she was raped by the appellant five (5) times. Through threats and force, appellant was able to have carnal knowledge of his own daughter. The fact of the commission of the rape remains. It is a basic principle in rape cases that the precise time of the commission of rape is not an essential element. In fact, "even a variance of a few months between the time set out in the indictment and that established by the evidence during trial has been held not to constitute an error so serious as to warrant reversal of a conviction solely on that score."[39] | |||||