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PEOPLE v. NELSON ARRAZ

This case has been cited 4 times or more.

	GR No. 200077 2014-09-17	PEOPLE v. ADEL RAMOS Y ABELLANA PEREZ, J.
Failure to cry for help or attempt to escape during the rape is not fatal to the charge of rape; it does not make voluntary AAA's submission to appellant's lust.[16] Rape through intimidation includes the moral kind such as the fear caused by threatening the girl with a knife or pistol.[17]
	GR No. 189324 2013-03-20	PEOPLE v. GILBERT PENILLA Y FRANCIA PEREZ, J.
Physical resistance need not be established in rape when threats and intimidation are employed, and the victim submits herself to her attacker because of fear.[16] Failure to shout or offer tenacious resistance does not make voluntary the victim's submission to the perpetrator's lust.[17] Besides, physical resistance is not the sole test to determine whether a woman involuntarily succumbed to the lust of an accused; it is not an essential element of rape.[18]
	GR No. 177137 2012-08-23	PEOPLE v. PEDRO BANIG DEL CASTILLO, J.
It is well-settled that lust respects neither time nor place. "There is no rule that rape can be committed only in seclusion."[34] What the evidence reveals is that despite the proximity to neighboring houses, the appellant, by means of force or intimidation, did in fact have sexual intercourse with "AAA" against her will. Thus, it is immaterial that an inhabited house was near the place where the crime was committed. This fact will neither render "AAA" any less credible nor make the commission of the crime less conceivable.
	GR No. 195239 2012-03-07	PEOPLE v. BEN RUBIO Y ACOSTA VELASCO JR., J.
Accused-appellant seeks to deny the charge against him by stating that the victim did not shout during the alleged bestial act. The Court has declared repeatedly that "[f]ailure to shout or offer tenacious resistance [does] not make voluntary [the victim's] submission to [the perpetrator's] lust. Besides, physical resistance is not an essential element of rape."[30]