This case has been cited 6 times or more.
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2009-03-17 |
VELASCO JR., J. |
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| A Yes, Sir the laceration was pointed to the position of the clock pointing in the 4:00 o'clock and 8:00 o'clock position.[22] As may be noted, a finger of a grown man--Dr. Tiongson's--can easily pass through AAA's vagina, notwithstanding her age. This reality, coupled with the old and healed lacerations situated at the four o'clock and eight o'clock positions in AAA's labia majora, is compelling physical proof of defloration.[23] It has been said that when the testimony of a rape victim is consistent with medical findings, sufficient basis exists to warrant a conclusion that the essential requisite of carnal knowledge has been established.[24] | |||||
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2008-12-18 |
CHICO-NAZARIO, J. |
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| In addition, AAA's testimony was corroborated by the medical findings of Dr. Besario-Tan, the Municipal Health Officer who conducted the medical examination on her. Dr. Besario-Tan declared she found healed hymenal lacerations at the 3, 9, and 11 o'clock notches on the private part of AAA, which could have been caused by the penetration of a man's penis. The said healed hymenal lacerations could have been several months or years old already, and the same coincided with the dates of the rape incidents, i.e. , 20 September 1997 and 25 December 1997. Dr. Besario-Tan also disclosed that AAA's hymen was no longer intact. It has been said that when the testimony of a rape victim is consistent with the medical findings, sufficient basis exists to warrant a conclusion that the essential requisite of carnal knowledge has thereby been established.[40] Hence, such testimony of Dr. Besario-Tan strengthens even more the claim of rape by AAA against herein appellant. | |||||
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2008-02-19 |
YNARES-SATIAGO, J. |
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| Besides, AAA's testimony was corroborated by the medical findings of Dr. Tumacder, who declared to have found a positive healed hymenal laceration at 7 o'clock position which could have been caused by a blunt source or penetrating trauma such as a penis.[15] Thus, when the testimony of a rape victim is consistent with the medical findings, sufficient basis exists to warrant a conclusion that the essential requisite of carnal knowledge has been established.[16] | |||||
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2007-06-08 |
CHICO-NAZARIO, J. |
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| The testimony of AAA as to the fact of rape was corroborated by the medical findings conducted on 29 December 1999 by Dr. Supe, Jr. of the Philippine National Police (PNP) Crime Laboratory at Camp Crame. In his testimony, he declared to have found a deep fresh hymenal laceration at six and seven o'clock positions, which means AAA suffered a "compatible loss of virginity." He avowed that such loss of virginity could have occurred within 24 hours before the examination, which coincides with the date the rape incident happened, which was 28 December 1999. It has been said that when the testimony of a rape victim is consistent with the medical findings, sufficient basis exists to warrant a conclusion that the essential requisite of carnal knowledge has thereby been established.[22] Thus, such testimony of Dr. Supe, Jr. strengthens the charge of rape against appellant. | |||||
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2006-10-31 |
CHICO-NAZARIO, J. |
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| The trial court also noted that AAA testified on the incidents in a clear and straightforward manner. Additionally, the court a quo found AAA's testimony very categorical and her statements were corroborated by the medical findings of Dr. Dangao, the Municipal Health Officer who conducted the medical examination on her. In the testimony of Dr. Dangao, she declared to have found healed hymenal lacerations at 3, 7, and 10 o'clock notch on the private part of AAA, which could have been caused by the penetration to the body of any hard object, more particularly a man's penis. She also avowed that such penetration could have occurred during the months of November or December 1999, which coincides to the dates the rape incidents happened. It has been said that when the testimony of a rape victim is consistent with the medical findings, sufficient basis exists to warrant a conclusion that the essential requisite of carnal knowledge has thereby been established.[27] Hence, such testimony of Dr. Dangao strengthens even more the claim of rape by AAA against herein appellant. | |||||
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2004-06-08 |
CARPIO MORALES, J. |
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| The Court can not (sic) believe accused's assertion that he returned the subject vehicle on January 5, 1997 to the garage and that he had in fact paid the amount of P4,500.00 in partial payment of his unremitted "boundary" for ten (10) days. He could not even be certain of the exact amount he allegedly paid the taxicab owner. On direct-examination, he claimed that he paid Edwin Cipriano on December 27, 1996 the amount of P2,000.00 and it was his wife who handed said amount to Cipriano, yet on cross-examination, he claimed that he gave P2,500.00 to his wife on that date for payment to the taxicab owner.[59] The rule is well-entrenched that findings of fact of the trial court are accorded the highest degree of respect and will not be disturbed on appeal absent any clear showing that the trial court had overlooked, misunderstood or misapplied some facts or circumstances of weight and significance which, if considered, would alter the result of the case.[60] The reason for the rule being that trial courts have the distinct advantage of having heard the witnesses themselves and observed their deportment and manner of testifying or their conduct and behavior during the trial.[61] | |||||