This case has been cited 7 times or more.
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2014-04-23 |
MENDOZA, J. |
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| Although it was shown during the trial that Barcela was the common-law spouse or live-in partner of the mother of victims AAA and BBB, this fact would not alter the crimes in their qualified form inasmuch as the two separate informations did not specifically allege such relationship as a qualifying circumstance. Otherwise, he would be deprived of his right to be informed of the charge lodged against him.[27] The relationship alleged in the informations is different from that actually proven. Verily, the CA erred in convicting Barcela of qualified rape in Criminal Case No. 5517-SPL and qualified rape by sexual assault in Criminal Case No. 5526-SPL. | |||||
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2012-07-30 |
BERSAMIN, J. |
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| Arcillas' being the common-law husband of BBB at the time of the commission of the rape, even if established during the trial, could not be appreciated because the information did not specifically allege it as a qualifying circumstance. Otherwise, he would be deprived of his right to be informed of the charge lodged against him.[16] | |||||
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2010-10-20 |
VELASCO JR., J. |
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| In the instant case, aside from minority of the victim it was alleged in the informations filed before the trial court that accused-appellant is the victim's stepfather. Minority of AAA and her relation to accused-appellant was the qualifying circumstance that the trial court considered in imposing the penalty of death on accused-appellant. However, in order to become the victim's stepfather, accused-appellant must necessarily have been legally married to AAA's mother. This was not the case. No evidence was adduced during the trial to establish that AAA's mother and accused-appellant were ever legally married. Moreover, although the fact that accused-appellant was the common-law husband of the victim's mother, such circumstance cannot be appreciated, although proved during the trial, as it was not alleged in the informations and would thereby violate the constitutional right of accused-appellant to be informed of the charges against him. Thus, we held in People v. Negosa:[35] | |||||
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2009-09-17 |
VELASCO JR., J. |
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| Where the victim is below 12 years old, the only subject of inquiry is whether "carnal knowledge" took place. Proof of force, threat or intimidation is unnecessary since none of these is an element of statutory rape. There is statutory rape where, as in this case, the offended party is below 12 years of age.[18] In light of this perspective, the absence of a struggle or an outcry from AAA, if this really be the case, vis-à-vis the first three, i.e., 1997, 1998 and 1999, dastardly attacks, would not carry the day for Araojo. | |||||
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2006-09-08 |
TINGA, J. |
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| The contention is neither novel nor persuasive. There is no standard form of behavior that can be expected of rape victims after they have been defiled because people react differently to emotional stress.[44] Nobody can tell how a victim of sexual aggression is supposed to act or behave after her ordeal.[45] Certainly, it is difficult to predict in every instance how a person - especially a 6-year old child, as in this case - would react to a traumatic experience.[46] It is not proper to judge the actions of rape victims, especially children, who have undergone the harrowing experience of being ravished against their will by the norms of behavior expected under such circumstances from mature persons.[47] Indeed, the range of emotions shown by rape victims is yet to be captured even by calculus.[48] It is thus unrealistic to expect uniform reactions from them.[49] In fact, the Court has not laid down any rule on how a rape victim should behave immediately after her ravishment.[50] | |||||
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2004-06-03 |
PER CURIAM |
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| That Christine bore no physical evidence of any force against her person is of no moment. Contrary to appellant's contention, the absence of external signs of physical violence on Christine does not prove that he did not rape her. Proof of physical injury is not an essential element of rape.[38] Admittedly, appellant did not use force or violence in raping Christine. Christine merely obeyed when appellant ordered her to enter their bedroom. Christine did not offer any resistance when appellant raped her. This explains the absence of any external sign of injury on Christine's body. Besides, where the victim is below 12 years old, the only subject of inquiry is whether "carnal knowledge" took place. Proof of force, threat or intimidation is unnecessary since none of these is an element of statutory rape. There is statutory rape where, as in this case, the offended party is below 12 years of age.[39] Here, the Information alleged, and the prosecution proved during trial, that Christine was below 12 years old when appellant raped her. Under Article 266-A(d)[40] of the Revised Penal Code, when the victim is under twelve (12) years of age, there is rape even in the absence of force, threat or intimidation.[41] | |||||
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2004-05-27 |
CALLEJO, SR., J. |
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| Rizalyn's initial reluctance to reveal to her mother, grandparents and relatives the sexual assault upon her person does not detract from her credibility, her hesitation being attributable to her age, and the appellant's threats of physical harm and death against her and the other members of her family.[48] This Court has ruled that it is not proper to judge the actions of children who have undergone traumatic experiences by the norms of behavior expected under the circumstances from mature persons. The range of emotion shown by rape victims is yet to be captured even by calculus. It is, thus, unrealistic to expect uniform reactions from rape victims.[49] The workings of the human mind, placed under a great deal of emotional and psychological stress (such as during rape), are unpredictable, and different people react differently. There is no standard form of behavioral response when one is confronted with a strange, startling, frightful or traumatic experience some may shout, some may faint, and some may be shocked into insensibility.[50] | |||||