This case has been cited 6 times or more.
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2015-06-22 |
VILLARAMA, JR., J. |
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| This Court has stated that under Article 266-A of the RPC there are two ways by which the crime of rape may be committed: by sexual intercourse or by sexual assault.[30] | |||||
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2010-02-01 |
VELASCO JR., J. |
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| Moreover, it is of no moment that the rape occurred in a small room where other people were sleeping together with the victim. It is already established that rape is not a respecter of people, time, or place.[22] It may be committed not only in seclusion but also in public places, inside an occupied house, or even where there are other people around.[23] The Court has already taken judicial notice of the fact that among poor couples with big families cramped in small quarters, copulation does not seem to be a problem despite the presence of other persons.[24] | |||||
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2009-02-06 |
BRION, J. |
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| Denial, as a defense, is an inherently weak defense. It cannot prevail over positive identifications, unless supported by strong evidence of lack of guilt.[30] In the context of this case, the appellant's mere denial, unsupported by any other evidence, cannot overcome the child-victim's positive declaration on the identity and involvement of the appellant in the crime attributed to him.[31] | |||||
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2008-11-07 |
VELASCO JR., J. |
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| Accused-appellant's exculpatory allegations do not merit concurrence. Rape has been known to be committed not only in seclusion but in public places, inside an occupied house, or even where there are other people around.[18] We have accordingly ruled that rape is not a respecter of people, time, or place.[19] It is not improbable that accused-appellant was able to succumb to his lechery while AAA's grandmother and sister were sound asleep. Moreover, AAA testified that accused-appellant warned her not to tell anyone of the sexual abuse or else he would kill her. It is not unnatural then for AAA to have kept silent during the rape for fear for her personal safety. The failure of the victim to shout for help does not negate the commission of rape.[20] | |||||
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2008-06-17 |
CHICO-NAZARIO, J. |
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| The defense of alibi is likewise unavailing. It is not enough, in order that alibi might prosper, to prove that the accused has been somewhere else during the commission of the crime; it must also be shown that it would have been impossible for him to be anywhere within the vicinity of the crime scene.[62] | |||||
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2008-03-03 |
CHICO-NAZARIO, J. |
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| It is an established jurisprudential rule that a mere denial, without any strong evidence to support it, can scarcely overcome the positive declaration by the victim of the identity and involvement of appellant in the crimes attributed to him.[42] The defense of alibi is likewise unavailing. Firstly, alibi is the weakest of all defenses, because it is easy to concoct and difficult to disprove. Unless substantiated by clear and convincing proof, such defense is negative, self-serving, and undeserving of any weight in law.[43] Secondly, alibi is unacceptable when there is a positive identification of the accused by a credible witness.[44] Lastly, in order that alibi might prosper, it is not enough to prove that the accused has been somewhere else during the commission of the crime; it must also be shown that it would have been impossible for him to be anywhere within the vicinity of the crime scene.[45] | |||||