This case has been cited 2 times or more.
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2009-02-24 |
QUISUMBING, J. |
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| AAA's failure to shout or to tenaciously resist appellant should not be taken against her since such negative assertion would not ipso facto make voluntary her submission to appellant's criminal act.[18] In rape, the force and intimidation must be viewed in the light of the victim's perception and judgment at the time of the commission of the crime. As already settled in our jurisprudence, not all victims react the same way.[19] Some people may cry out, some may faint, some may be shocked into insensibility, while others may appear to yield to the intrusion.[20] Some may offer strong resistance while others may be too intimidated to offer any resistance at all.[21] Moreover, resistance is not an element of rape.[22] A rape victim has no burden to prove that she did all within her power to resist the force or intimidation employed upon her.[23] As long as the force or intimidation is present, whether it was more or less irresistible is beside the point.[24] In this case, the presence of a fan knife on hand or by his side speaks loudly of appellant's use of violence, or force and intimidation. | |||||
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2007-08-10 |
GARCIA, J. |
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| As pointed out by this Court in People v. Ilao:[12] | |||||