This case has been cited 5 times or more.
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2010-08-09 |
PEREZ, J. |
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| It bears emphasis that the competence and credibility of mentally deficient rape victims as witnesses have been upheld by this Court where it is shown that they can communicate their ordeal capably and consistently. Rather than undermine the gravity of the complainant's accusations, it even lends greater credence to her testimony, that, someone as feeble-minded and guileless could speak so tenaciously and explicitly on the details of the rape if she has not in fact suffered such crime at the hands of the accused.[42] Moreover, it is settled that when a woman says she has been raped, she says in effect all that is necessary to show that she has been raped and her testimony alone is sufficient if it satisfies the exacting standard of credibility needed to convict the accused.[43] | |||||
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2007-07-27 |
GARCIA, J. |
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| As the trial court correctly asserted, AA's pregnancy and the subsequent birth of her child are not elements of the crime of rape. Moreover, non-paternity of the appellant, if that be the case, will not necessarily negate the crime of rape as positively proved and established by AA's credible testimony. There may or may not be conception after the commission of the crime of rape because the offense may be consummated even without full penetration or even complete ejaculation on the part of the assailant. We have time and again stressed that among the most important consideration in a rape case is the credible testimony of the victim. We have repeatedly held that when a woman says she had been raped, her declaration alone is all that is necessary to show that she had indeed been raped and her sole testimony is sufficient if it satisfies the exacting standard of credibility needed to convict the accused.[13] Considering that AA's testimony meets the test of credibility, we find no justification not to affirm appellant's conviction and rule an acquittal in the instant appeal, even assuming for the nonce that AA's daughter had a different father other than the accused-appellant. | |||||
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2000-02-23 |
QUISUMBING, J. |
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| We find complainant's testimony credible, while appellant's defenses of alibi and denial are lacking in truth and candor. Nothing is more settled in criminal law jurisprudence than that alibi and denial cannot prevail over the positive and categorical testimony of the complainant.[19] Alibi is an inherently weak defense, which is viewed with suspicion and received with caution because it can easily be fabricated.[20] Denial is an intrinsically weak defense which must be buttressed with strong evidence of non-culpability to merit credibility.[21] We find that despite his stance that several persons watched him demonstrate how to cook banana chips in Ubay, Bohol in the morning of November 16, 1989,[22] appellant failed to present any disinterested witness to support his claim. For alibi to prosper, it is not enough that accused show he was elsewhere at the time the crime was committed, but there must also be clear and convincing proof that it was impossible for him to be at the locus criminis at the time of its commission.[23] | |||||
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2000-02-16 |
PARDO, J. |
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| While the trial court properly imposed the penalty of reclusion perpetua on accused-appellant in accordance with the then prevailing law, Article 335 of the Revised Penal Code, as amended by R. A. 7659, it erred in not awarding civil indemnity and moral damages. Civil indemnity of P50,000.00 is mandatory upon the finding of the fact of rape.[26] Moral damages of P50,000.00 is also awarded without need of proof of basis or pleading.[27] | |||||