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PEOPLE v. SEVERO DAYUHA Y DASO

This case has been cited 3 times or more.

	GR NO. 172373 2007-09-25	PEOPLE v. JIMMY SORIANO CARPIO, J.
There is also no error when the Court of Appeals rejected appellant's argument of the improbability of the rape to have happened in the morning under a mango tree, near AAA's house, where people usually pass by. The presence of people in a certain place is no guarantee that rape will not and can not be committed.[12] For rape to be committed, it is unnecessary for the place to be ideal, or the weather to be fine, for rapists bear no respect for place and time when they execute their evil deed.[13] In one case, this Court held that rape may be committed even inside a room in a crowded squatters' colony and even during a wake.[14]
	GR Nos. 135522-23 2001-10-02	PEOPLE v. AMORSOLO TORRES Y GANIBO PER CURIAM
Accused-appellant was convicted for the crime of rape after the trial court found that "the entire testimony of Glorilyn Torres was candid, spontaneous and consistent which has never been shaken even under rigid cross-examination." A witness who testified in a categorical, straightforward, spontaneous and frank manner and remained consistent on cross-examination is a credible witness.[11] We find no compelling reason to doubt the veracity of and deviate from the finding of the lower court. Hence, the same should be accorded great weight and deemed conclusive and binding on this Court.
	GR Nos. 135522-23 2001-10-02	PEOPLE v. AMORSOLO TORRES Y GANIBO PER CURIAM
In this case, the information alleged that accused-appellant, through the use of force and intimidation, had carnal knowledge of complainant. This Court has consistently held that rape is committed when intimidation is used on the victim, which includes moral intimidation or coercion.[14] In this case, complainant was also threatened by accused-appellant with physical harm if she dared to report the matter to anyone. It is not uncommon for a girl of tender age to be intimidated into silence by the mildest threat on her life. Thus, our consistent doctrine is that delay in reporting a rape, if sufficiently explained, does not affect the credibility of a witness.[15]