This case has been cited 4 times or more.
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2003-06-26 |
CARPIO, J. |
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| SECTION 9. Cause of the accusation. The acts or omissions complained of as constituting the offense and the qualifying and aggravating circumstances must be stated in ordinary and concise language and not necessarily in the language used in the statute but in terms sufficient to enable a person of common understanding to know what offense is being charged as well as its qualifying and aggravating circumstances and for the court to pronounce judgment. The prosecution bears the burden of establishing the qualifying circumstances that characterize the offense as qualified rape.[32] The concurrence of the minority of the victim and her relationship to the offender, as a qualifying circumstance that increases the penalty to death, should be alleged in the Information to warrant imposing the death penalty.[33] Where the prosecution fails to allege and prove minority and relationship, which transform rape to its qualified state, the accused should only be held liable for the crime of simple rape.[34] The constitutional right of the accused to be informed of the charges against him[35] prevents his conviction for a crime that is not adequately described in the Information. | |||||
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2001-11-29 |
MENDOZA, J. |
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| In accordance with our rulings, however, an award in the amount of P50,000.00 as moral damages should be granted in this case to compensate them for injuries to their feelings.[45] | |||||
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2000-03-31 |
QUISUMBING, J. |
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| Second, carnal knowledge took place by using force or intimidation. Appellant insists that "the complainant did not offer any tenacious resistance to the alleged sexual assault."[29] Nowhere is it required in our law or jurisprudence, however, that a woman must offer "tenacious" resistance to a sexual assault. The law does not impose upon the rape victim the burden of proving resistance.[30] We have held countless of times that "the force or violence required in rape cases is relative. When applied, it need not be overpowering or irresistible; it is enough that it has enabled the offender to consummate his purpose or to bring about the desired result."[31] For rape to exist, it is not necessary that the force or intimidation employed in accomplishing the crime 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 which the accused had in mind.[32] In this case, the victim testified that appellant poked a knife at her neck,[33] threatened her not to shout or he would kill her.[34] The act of holding a knife by itself is strongly suggestive of force or at least intimidation, and threatening the victim with a knife is sufficient to bring her into submission.[35] Thus we have held that physical resistance need not be established in rape cases when intimidation is exercised upon her and she submits herself against her will to the rapist's lust because of fear for her life and personal safety.[36] The victim's failure to resist the accused's assault successfully and to escape when the opportunity presented itself should not be construed as a manifestation of consent.[37] | |||||
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2000-02-03 |
PER CURIAM |
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| In this case, Bermalyne's testimony is corroborated by medical findings of hymenal lacerations. Nor may the absence of physical injuries on Bermalyne preclude rape. In cases of incestuous rape, accused-appellant's moral ascendancy over the victim takes the place of violence and intimidation.[24] Moreover, for rape to exist, it is not necessary that the force or intimidation employed be so great or of such character as could not be resisted. It is enough that the intimidation produces such fear in the victim that if she does not yield to the demands of the accused, something grave would happen to her. Intimidation would also explain why there are no traces of struggle which would indicate that the victim fought off her attacker.[25] In fact, the law does not even impose a burden of proving resistance on the part of the rape victim.[26] | |||||