This case has been cited 4 times or more.
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2016-02-01 |
REYES, J. |
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| The Constitution presumes a person innocent until proven guilty by proof beyond reasonable doubt. The prosecution cannot be allowed to draw strength from the weakness of the defense's evidence for it has the onus probandi in establishing the guilt of the accused - ei incumbit probatio qui elicit, non que negat — he who asserts, not he who denies, must prove.[1] | |||||
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2010-02-16 |
BRION, J. |
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| AAA, to our mind, jumped from the premise that the examination was "positive" into the conclusion that she had been raped.[43] True, she was unconscious and could not have seen whether there had been actual penile contact. To conclude, however, that the appellant had raped her because she saw him lying beside her when she woke up, and because the examining physician later told her that something had happened to her, is not sufficient; it does not prove, to the point of moral certainty, that the appellant, to the exclusion of other possibilities, had raped her. | |||||
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2003-10-15 |
PER CURIAM |
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| We must brush aside as flimsy the appellant's insistence that the charges were merely concocted by his daughter to punish him for bringing in his illegitimate daughters to live with them and for maltreating her. It is unthinkable for a daughter to accuse her own father, to submit herself for examination of her most intimate parts, put her life to public scrutiny and expose herself, along with her family, to shame, pity or even ridicule not just for a simple offense but for a crime so serious that could mean the death sentence to the very person to whom she owes her life,[21] had she really not have been aggrieved.[22] Nor do we believe that the victim would fabricate a story of rape simply because she wanted to exact revenge against her father, appellant herein, for allegedly scolding and maltreating her. | |||||
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2003-06-10 |
PANGANIBAN, J. |
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| 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] | |||||