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PEOPLE v. FAUSTO FUCIO Y MORENO

This case has been cited 2 times or more.

2015-09-23
PEREZ, J.
Accused-appellant's argument that rape was impossible due to the presence of AAA's siblings is also bereft of merit. Rape is not a respecter of place or time. "It is not necessary that the place where the rape .is committed be isolated."[19] "There have been too many instances when rape was committed under circumstances as indiscreet and audacious as a room full of family members sleeping side by side."[20]
2014-06-02
SERENO, C.J.
The factual findings of the trial court, as well as its calibration of the witnesses' testimonies and its conclusions, are accorded by this Court with high respect especially so if the same are affirmed by the CA.[27] An exception to this rule is when, as in this case, there exists a fact or circumstance of weight and influence that has been ignored or misconstrued by the court.[28]