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PEOPLE v. NASARIO CASTEL

This case has been cited 8 times or more.

	GR No. 200077 2014-09-17	PEOPLE v. ADEL RAMOS Y ABELLANA PEREZ, J.
For instance, Ramos testified that the presence of dogs and the cramped space in the comfort room precludes rape. However, no rule exists that rape can be committed only in seclusion.[24] And while usually, rape is committed in relative isolation or even secrecy,[25] we have found, in other instances, that venues of rape vary and sometimes include inside a house where there were other occupants,[26] and even in a small room where other family members also sleep.[27] Certainly, we are not wont to sustain Ramos' defense that there were other members of his household sleeping inside the house who would have heard him while he raped AAA, or that the house had no division which discourages the commission of rape.
	GR No. 189579 2011-09-12	PEOPLE v. JOSELITO ORJE Y BORCE VELASCO JR., J.
Rape is no longer considered a personal criminal offense listed as among the crimes against chastity defined and punishable under Title 11 of the RPC, as amended. Republic Act No. (RA) 8353, or the Anti-Rape Law of 1997, has reclassified rape as a crime against persons.[21] In effect, rape may now be prosecuted de oficio; a complaint for rape commenced by the offended party is no longer necessary for its prosecution.[22] As corollary proposition, an affidavit of desistance by the complaining witness is not, by itself, a ground for the dismissal of a rape action over which the court has already assumed jurisdiction.[23]
	GR No. 175700 2010-07-05	SALVADOR V. REBELLION v. PEOPLE DEL CASTILLO, J.
Petitioner's version, on the other hand, cannot stand against the positive evidence of the prosecution. It strains our credulity to believe his version that at the time of his arrest, he was merely standing in front of the store waiting for the change of his P500.00 bill and that the small plastic sachet was in fact recovered from another male individual standing in front of him. Petitioner is thus suggesting that he was arrested for no cause at all. We are not swayed by his account. His version of the incident is simply incredible. Moreover, he was positively, categorically and consistently identified by the prosecution witnesses who were shown to have no ill motive on their part in testifying against him. Consequently, their testimonies should prevail over the alibi and denial of petitioner whose testimony is not substantiated by clear and convincing evidence.[8]
	GR No. 187154 2010-04-23	PEOPLE v. EDWIN DALIPE Y PEREZ MENDOZA, J.
It cannot be said that just because the brothers of AAA were present in the same room, the accused could not have perpetrated the bestial acts. Lust is not a respecter of time and place. This Court has repeatedly held that rape can be committed even in places where people congregate, in parks, along the roadside, within school premises, and even inside a house where there are other occupants or where other members of the family are also sleeping. Thus, it is an accepted rule in criminal law that rape may be committed even when the rapist and the victim are not alone. The fact is that rape may even be committed in the same room while the rapist's spouse is asleep, or in a small room where other family members also sleep.[17]
	GR No. 169870 2009-08-04	PEOPLE v. ELEGIO AN PERALTA, J.
It is apparent from the above testimony that Conchita was able to narrate convincingly to the trial court the incident that happened. Hence, the trial court's assessment of Conchita's credibility must not be disturbed. As ruled by this Court in People of the Philippines v. Nasario Castel:[18]
	GR No. 185723 2009-08-04	PEOPLE v. EDWIN MEJIA CHICO-NAZARIO, J.
On accused-appellant's claim -- that he could not have raped AAA since 2 March 2003 was a Sunday; thus, his five children were home -- is of no merit, as lust is no respecter of time and place. This Court has repeatedly held that rape can be committed even in places where people congregate, in parks, along the roadside, within school premises, and even inside a house where there are other occupants or where other members of the family are also sleeping. Thus, it is an accepted rule in criminal law that rape may be committed even when the rapist and the victim are not alone. The fact is, rape may even be committed in the same room while the rapist's spouse is asleep, or in a small room where other family members also sleep.[14]