This case has been cited 3 times or more.
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2006-02-13 |
PER CURIAM |
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| It is highly inconceivable that complainant would not recognize her own father, with whom she had been living for a long time. We have held that it is the most natural reaction for victims of criminal violence to strive to see the appearance of their assailant and observe the manner in which the crime was committed. Most often, the face and body movements of the assailants create a lasting impression which cannot be easily erased from their memory.[18] The impression becomes more profound where the malefactor is the victim's own father.[19] Also, Juvilie categorically testified that it was her father who raped her. It is unthinkable, if not completely preposterous, that a daughter would concoct a story of rape against her father, taking to mind the reverence and respect for elders that is too deeply ingrained in Filipino children.[20] It is well-settled that a categorical and positive identification of an accused, without any showing of ill-motive on the part of the eyewitness testifying on the matter, prevails over alibi and denial, which are negative and self-serving evidence undeserving of real weight in law unless substantiated by clear and convincing evidence.[21] | |||||
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2000-04-12 |
PUNO, J. |
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| It is highly inconceivable that complainant would not recognize her own father with whom she has been living alone for a long time. For one, we have ruled that it is the most natural reaction for victims of criminal violence to strive to see the appearance of their assailant and observe the manner in which the crime was committed. Most often, the face and body movements of the assailant create a lasting impression which cannot be easily erased from their memory.[9] The impression becomes more profound where the malefactor is the victim's own father. Also, complainant categorically testified that it was her father who raped her. It is unthinkable, if not completely preposterous, that a daughter would concoct a story of rape against her father, taking to mind the reverence and respect for elders that is too deeply ingrained in Filipino children.[10] | |||||
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2000-04-05 |
PER CURIAM |
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| It is doctrinally settled that a rape victim who testifies in a categorical, straightforward, spontaneous and frank manner, and remains consistent is a credible witness[16] and her testimony must be given full faith and credit.[17] Such credibility is definitely enhanced when the accusing words, as in the present case, are directed against a close relative, especially the father. A rape victim's testimony against her father is entitled to greater weight, since ordinarily and customarily, Filipino children revere and respect for elders. This is too deeply ingrained in Filipino children and families and is even recognized by law.[18] It is thus unthinkable, if not completely preposterous, that a daughter would audaciously concoct a story of rape against her father in wanton disregard of the unspeakable trauma and social stigma it may generate on her and the entire family.[19] A teen-age unmarried lass does not ordinarily file a rape complaint against anybody, much less her own father, if it is not true.[20] | |||||