This case has been cited 3 times or more.
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2000-10-30 |
YNARES-SANTIAGO, J. |
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| criminal cases. Haidie's testimony is replete with inconsistencies and lacks specific details on how the rape was committed. Her bare statements that she was raped are clearly inadequate and grossly insufficient to establish the guilt of accused-appellant.[14] Rape is undoubtedly a vicious crime, and it is rendered more loathsome in this case where the victim is a minor and the accused is a person whom she perceives as a figure of authority. However, our sympathy for the victim and our disgust at the bestial criminal act cannot | |||||
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2000-10-16 |
KAPUNAN, J. |
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| In People v. Melivo,[23] cited in People v. de Leon,[24] this Court held that:xxx. A rape victim's actions are oftentimes overwhelmed by fear rather than by reason. It is this fear, springing from the initial rape, that the perpetrator hopes to build a climate of extreme psychological terror, which would, he hopes, numb his victim into silence and submissiveness. Incestuous rape magnifies this terror, because the perpetrator is a person normally expected to give solace and protection to the victim. Furthermore, in incest, access to the victim is guaranteed by the blood relationship, proximity magnifying the sense of helplessness and degree of fear. | |||||
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2000-04-12 |
PUNO, J. |
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| The delay in the filing of the cases at bar does not necessarily impair the credibility of the victim. Experience teaches us that many victims of rape never complain or file criminal charges against the rapist, for they prefer to silently bear the ignominy and pain, rather than reveal their shame to the world or risk the offender's making good on his threats.[11] In the case at bar, complainant initially preferred to conceal her dishonor and suffer in silence because her honor's violator was her father, her own flesh and blood.[12] It must be remembered that complainant was threatened by the appellant with death if she reported his dastardly act. The debilitating fear that was inculcated in her young mind, considering specially that the threat came from her father who has moral ascendancy over her, is enough to cow her into silence and submissiveness. In People vs. Melivo,[13] we said: | |||||