This case has been cited 3 times or more.
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2008-11-26 |
AUSTRIA-MARTINEZ, J. |
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| What needs to be stressed is that a conviction in a criminal case must be supported by proof beyond reasonable doubt -- moral certainty that the accused is guilty.[87] The conflicting testimonies of Joy and complainant, and the testimony of Juanita that corroborated appellant's alibi preclude the Court from convicting appellant of rape with moral certainty. | |||||
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2003-04-09 |
YNARES-SANTIAGO, J. |
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| A conviction in a criminal case must be supported by proof beyond reasonable doubt, which means a moral certainty that the accused is guilty.[47] The prosecution has failed to discharge its burden of establishing with moral certainty the truthfulness of the charge.[48] | |||||
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2002-07-31 |
PANGANIBAN, J. |
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| tried to force his organ into hers; she did not categorically state that it had actually penetrated her. All these prior rulings do not apply to the instant case. Here the victim was clear, positive and categorical in her statement that appellant had indeed inserted his penis into her vagina. To be sure, complete penetration of the female genitalia is not required for a finding that rape was consummated.[38] Neither is the rupture of the hymen necessary.[39] The mere introduction of the penis into the labia majora of the | |||||