This case has been cited 6 times or more.
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2008-09-11 |
REYES, R.T., J. |
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| We find no cogent reason to depart from Our ruling in Perez. The claim of Velasco that his initial answer was made under pressing circumstances is too flimsy an excuse. It partakes of the nature of an alibi. As such, it constitutes a self-serving negative evidence which cannot he accorded greater evidentiary weight than the declaration of credible witnesses who testified on affirmative matters.[62] The Court has consistently frowned upon the defense of alibi, and received it with caution, not only because it is inherently weak and unreliable but also because it can be easily fabricated.[63] | |||||
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2004-06-23 |
PER CURIAM |
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| We have scrupulously scrutinized Rhea's testimony, fully aware of the jurisprudential caveat that an accusation of rape can be made with facility, but difficult for the accused to disprove it.[16] We find credible her account that on April 5, 1996, appellant, her very own father, had carnal knowledge of her through force and intimidation. The pertinent portions of her testimony are quoted hereunder: "Q: Do you recall if your father (appellant) did anything to you on the night of April 5, 1996? A: Yes, sir. | |||||
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2003-08-06 |
SANDOVAL-GUTIERREZ, J. |
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| Indeed, Lanie's testimony has sufficiently and convincingly proved that appellant had carnal knowledge of her on the night in question. Her candid and straightforward testimony, punctuated by her tears when she narrated how she was sexually ravished by her very own father, are earmarks of a truthful witness and thus, must be given full faith and credit.[25] Lanie described how appellant raped her, thus: "Q :Now, on September 26, 1996 in the evening while you were in bed, do you remember if there was anything done to you by your father? A: He inserted his organ to my organ, sir. | |||||
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2003-06-25 |
AZCUNA, J. |
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| The presence of several houses near the place where Jaculina saw appellant pulling and dragging Merly is no indication that said incident never happened. We have held, time and again, that rape can be committed even in places where people congregate, in parks, along the roadside, in school premises, in a house where there are other occupants, in the same room where other members of the family are also sleeping and even in places which to many would appear unlikely and high risk venues for its commission. Lust is no respecter of time and place.[23] Indeed, the mere fact that Merly had been raped and killed in such a location without anyone knowing about it until the next day is enough to disprove appellant's point. | |||||
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2003-02-17 |
QUISUMBING, J. |
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| The presence of people nearby is no guarantee that rape will not be committed, for lust is no respecter of time and place.[43] Rape has been committed in places where people congregate, like parks or school premises and even in a house where there are other occupants.[44] There is no rule or norm that a woman can only be raped in seclusion.[45] It has been committed in a room adjacent to where other members of the family stay or in a room, which the victim shared with others.[46] We have more than once observed that rape could take place in the same room where other members of the family were sleeping.[47] In the instant cases, both rapes complained of were committed in the middle of the night. It is of judicial notice that it is at this time when children are in deep slumber and could not be easily awakened.[48] The fact that Melanie's siblings were not awakened at the times she was ravished is not improbable. Hence, appellants' thesis that it was impossible for them to have committed the rape in the presence of private complainant's siblings who were sleeping next to her deserves scant consideration. | |||||
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2002-08-01 |
PER CURIAM |
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| We have ruled that failure of the victim to immediately report the rape is not necessarily an indication of a fabricated charge.[10] In a plethora of cases, we have found that it is not uncommon for young girls to conceal the assaults on their honor | |||||