This case has been cited 7 times or more.
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2006-08-31 |
AZCUNA, J. |
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| In People v. Alfeche,[31] wherein the complainant, employed as a domestic helper, was inside the house of her employer when she was raped by the appellant who was armed with a deadly weapon, the Court considered dwelling as an aggravating circumstance in convicting the latter, and affirmed the trial court's imposition of the greater penalty, which is death. | |||||
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2004-03-30 |
PANGANIBAN, J. |
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| Q: After he undressed himself, what did he do? A: He mounted on me and placed his organ inside mine."[30] It is not necessary that the force or intimidation employed in committing rape be so great or of such character as could not be resisted. What is necessary is that the force or intimidation be sufficient to consummate the purpose that the accused had in mind.[31] By itself, the act of holding a knife is strongly suggestive of force or at least of intimidation. In the present case, threatening private complainant with a knife was sufficient to bring her into submission.[32] | |||||
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2003-10-15 |
PER CURIAM |
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| In the case before us, we find no satisfactory factual basis that would move us to doubt the trustworthiness of the complainant's recital as to abandon the findings of the trial court. The supposed inconsistencies in the testimonies of the complainant cited by the appellant refer to minor and peripheral details which do not go into the elements of the crime. It is an oft-repeated rule in criminal cases that minor inconsistencies in the statement of a witness do not affect his credibility.[15] On the contrary, they strengthen rather than weaken the witness' credibility as they erase any suspicion of a rehearsed testimony.[16] | |||||
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2002-02-20 |
BELLOSILLO, J. |
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| Assuming that there were inconsistencies in the witnesses' testimonies, these are trivial and do not adversely affect their credibility. Minor lapses in the memory of rape victims can be expected even as it is an understandable human frailty not to be able to recount with facility all the details of a dreadful and harrowing experience.[25] In fact, minor inconsistencies strengthen rather than impair their credibility[26] as these demonstrate that the testimonies have not been contrived or rehearsed.[27] | |||||
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2002-01-08 |
QUISUMBING, J. |
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| Additionally, we note that the testimony of appellant's corroborating witness, Orlando Bartolay Cabiles, is suspect. Cabiles admitted that he was a political ally of appellant; that he came forward upon the invitation of the latter; and that conveniently he was in the area by chance when he took a shortcut home. Compare this with the testimony of prosecution witness Julito Rabino. Despite the grueling cross-examination by the defense, his testimony was consistent, straightforward, and candid. The defense had not imputed any ill-motive against him for testifying. It is settled that where there is no evidence that the witness was actuated by improper motive, the presumption is that he was not so actuated and his testimony is entitled to full faith and credit.[22] | |||||
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2001-12-07 |
YNARES-SANTIAGO, J. |
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| The degree of force or intimidation required for the act to constitute rape is relative, and must be viewed in the light of the victim's perception and judgment at the time of the commission of the offense.[6] What is vital is that such force or intimidation be sufficient to consummate the purpose that accused had in mind.[7] Being a child who grew up without a father and who lived away from her mother, it is not far-fetched that the threats made by accused-appellant produced fear in Cynthia's mind which forced her to give in to his sexual advances. The force applied in rape may be constructive[8] and need not be irresistible.[9] What is necessary is that the force or intimidation is of such degree as to compel the unprotected and vulnerable victim to bow into submission. Moreover, intimidation is addressed to the mind of the victim.[10] | |||||