This case has been cited 5 times or more.
2008-10-10 |
LEONARDO-DE CASTRO, J. |
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While recollecting in open court her extremely painful experience, AAA broke into tears.[23] The crying of AAA during her testimony was evidence of the truth of the rape charges. We had occasion to rule that the display of such emotion indicates the pain that the victim feels when she is asked to recount her traumatic experience.[24] | |||||
2007-01-25 |
CARPIO MORALES, J. |
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To justify the imposition of the death penalty in cases of incestuous rape, concurrence of the minority of the victim and her relationship to the offender must both be alleged and proved with moral certainty.[29] | |||||
2006-10-31 |
CHICO-NAZARIO, J. |
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It is settled that when a woman, moreso if she is a minor, says she has been raped, she says, in effect, all that is necessary to prove that rape was committed[25] and if her testimony meets the test of credibility, that is sufficient to convict the accused.[26] As in this case, when AAA testified in court, her testimony described in details the hideous experiences suffered by her on 21 November 1999 and sometime in December 1999 in the hands of her own father. In her narration on the manner of how the appellant took advantage of her, she never wavered in her testimonies. In fact, she even exemplified the details of the incident without flourish and innuendo. | |||||
2006-09-22 |
YNARES-SANTIAGO, J. |
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The Court reviewed the testimony of XYZ, not on any particular segment but in its entirety to ascertain whether it has overlooked facts and circumstances of weight, influence and significance, or has misapprehended, or misunderstood or misapplied certain facts and circumstances which could be resolved in favor of the accused. The Court found none. XYZ is a credible witness, and her testimony is worthy of belief. Her sole testimony indeed bears the hallmarks of truth. It is sufficient to hold Junior Bang-ayan responsible for the three counts of rape charged against him.[30] A rape victim, who testifies in a categorical, straightforward, spontaneous and frank manner, and remains consistent, is a credible witness.[31] Her genuine cries of anguish for several times[32] while recounting the sexual assault is evidence of the truth of the rape charges.[33] Besides, it being instinctive for a very young, unmarried woman to protect her honor, it is difficult to believe that she would fabricate a tale of defloration, allow the examination of her private parts, reveal her shame to the small town where she grew up and permit herself to be the subject of gossip and public trial if she had not really been ravished.[34] | |||||
2006-03-10 |
YNARES-SANTIAGO, J. |
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Where the life of another human being hangs on the balance, nothing but proof beyond reasonable doubt of every fact necessary to constitute the crime with which the accused is charged must be established in order for the corresponding penalty thereto to be upheld.[20] |