This case has been cited 6 times or more.
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2007-03-14 |
CHICO-NAZARIO, J. |
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| It has been oft said that lust is no respecter of time or place. Neither the crampness of the room, nor the presence of other people therein, nor the high risk of being caught, has been held sufficient and effective obstacle to deter the commission of rape.[33] There have been too many instances when rape was committed under circumstances as indiscreet and audacious as a room full of family members sleeping side by side.[34] There is no rule that a woman can only be raped in seclusion.[35] As testified to by the private complainant, her brother and two sisters were sleeping soundly and were not awakened by the commotion[36] She further said that when the rape was perpetrated on 5 January 1997, her mother was in the sala downstairs sleeping while her father proceeded upstairs to commit the dastardly act on her.[37] With her brother and sisters sleeping soundly, and her mother sleeping downstairs (during the rape committed on 5 January 1997), appellant had all the opportunity to carry out, which he did, his dissolute plan. | |||||
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2007-03-07 |
TINGA, J. |
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| Appellant's argument that rape could not have been committed due to the presence of AAA's siblings by her side is also bereft of merit. Rape is not a respecter of place or time. It is not necessary that the place where the rape is committed be isolated. There have been too many instances when rape was committed under circumstances as indiscreet and audacious as a room full of family members sleeping side by side. [28] Rape is not rendered impossible simply because the siblings of the victim who were with her in that small room were not awakened during its commission.[29] | |||||
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2006-09-26 |
CHICO-NAZARIO, J. |
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| It has been oft said that lust is no respecter of time or place. Neither the crampness of the room, nor the presence of other people therein, nor the high risk of being caught, has been held sufficient and effective obstacles to deter the commission of rape.[36] There have been too many instances when rape was committed under circumstances as indiscreet and audacious as a room full of family members sleeping side by side.[37] There is no rule that a woman can only be raped in seclusion.[38] In the case at bar, inasmuch as the house where private complainant and appellant lived had an upper and a lower portion, the partition separating these portions made it easier for appellant to perpetrate and to conceal the salacious act. | |||||
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2006-09-08 |
TINGA, J. |
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| The contention is neither novel nor persuasive. There is no standard form of behavior that can be expected of rape victims after they have been defiled because people react differently to emotional stress.[44] Nobody can tell how a victim of sexual aggression is supposed to act or behave after her ordeal.[45] Certainly, it is difficult to predict in every instance how a person - especially a 6-year old child, as in this case - would react to a traumatic experience.[46] It is not proper to judge the actions of rape victims, especially children, who have undergone the harrowing experience of being ravished against their will by the norms of behavior expected under such circumstances from mature persons.[47] Indeed, the range of emotions shown by rape victims is yet to be captured even by calculus.[48] It is thus unrealistic to expect uniform reactions from them.[49] In fact, the Court has not laid down any rule on how a rape victim should behave immediately after her ravishment.[50] | |||||
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2004-02-13 |
DAVIDE JR., CJ. |
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| We are not convinced of Fausto's contention that he could not have committed the rape on 31 December 1995 because his family was at home.[39] We have too often observed, so as to become sadly mundane, that rape is no respecter of time or place.[40] It is not necessary that the place where the rape is committed be isolated.[41] There have been too many instances when rape was committed under circumstances as indiscreet and audacious as a room full of family members sleeping side by side.[42] | |||||
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2004-02-11 |
CARPIO, J. |
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| On the other hand, the trial court correctly ruled that P50,000 should be awarded as moral damages for the mental, physical, and psychological suffering undeniably sustained by a rape victim.[39] | |||||