This case has been cited 4 times or more.
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2007-03-23 |
YNARES-SANTIAGO, J. |
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| Appellant's contention that the Medico Legal Report belies the commission of rape as it contains no findings of physical injuries allegedly sustained by AAA lacks merit. The gravamen of the offense of rape is carnal knowledge of a woman against her will or without her consent. All that is necessary is that force and intimidation were employed by the appellant against her which enabled him to commit the crime. It is not necessary for the victim to sustain physical injuries.[19] Moreover, a medical examination or certificate has never been considered an indispensable element in the prosecution of rape cases[20] being merely corroborative in nature.[21] We have ruled in People v. San Juan[22] that in crimes against chastity, the medical examination of the victim is not an indispensable element for the successful prosecution of the crime, as her testimony alone, if credible, is sufficient to convict the accused thereof. | |||||
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2007-03-14 |
CHICO-NAZARIO, J. |
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| Before concluding, we again lean to our jurisprudential moorings that the factual finding of the trial court, its calibration of the evidence of the parties and its conclusions anchored on its findings are accorded respect and are generally conclusive.[37] This is even more true if the findings and conclusions of the trial court are affirmed by the appellate court.[38] In the case at bar, both the trial court and the appellate court ruled that petitioner is guilty of the crime of serious physical injuries. We find no compelling or exceptional reasons to deviate from their findings since they are supported by the evidence on records and by prevailing jurisprudence. | |||||
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2006-08-30 |
CHICO-NAZARIO, J. |
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| It is to be noted that after her ordeal, the victim immediately informed her aunt and mother of the incident. Thereafter, Hermie Cada reported the same to Barangay Captain Eleuterio Soltes which led to the apprehension of accused-appellant in his home. By reporting right away what has happened, the credibility of the victim has further been reinforced. A complainant's act of immediately reporting the commission of rape has been deemed by this Court as a factor strengthening her credibility.[30] Spontaneous revelation of the assault on her and her unrelenting determination to have the appellant arrested and prosecuted of rape are indicia of the verisimilitude of her claim that she was indeed raped by the appellant.[31] | |||||
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2004-06-03 |
YNARES-SATIAGO, J. |
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| The conduct of the victim immediately following the alleged assault is of utmost importance in establishing the truth or falsity of the charges of rape.[14] Here, Maricel's actuations immediately after the rape were clear indications of the veracity of her statements. She went to the house of her friend Sharmaine Salazar to ask for help. Together they promptly reported the incident to the police. She was taken thereafter to the Zamboanga City Medical Center to undergo medical examination. | |||||