This case has been cited 3 times or more.
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2010-08-03 |
CARPIO MORALES, J. |
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| That AAA, when sexually assaulted by appellant, did not call her young siblings for help and that she kept mum on the incident for about five months are quite understandable. The moral and physical ascendancy of appellant, her stepfather, who was living with them, sufficed to cow her into yielding to his bestial desires.[27] | |||||
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2003-07-17 |
CORONA, J. |
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| It should also be stressed that this sworn statement was identified by complainant in open court and was, in fact, offered as evidence by the prosecution as Exhibits D, D-1, and D-2. In the direct examination of the complainant, the prosecutor asked her if she made them. She was asked to confirm the truth thereof. The trial court allowed this without any objection from the defense. Complainant thus affirmed the veracity and truthfulness of all the statements appearing therein. Further, when the prosecution made its offer of documentary evidence, the trial court admitted the same sworn statement as part of the prosecution evidence.[13] | |||||
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2003-06-23 |
QUISUMBING, J. |
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| Incestuous rape is a psycho-social deviance that inflicts stigma, not only on the victim but on the entire family as well.[11] It is, therefore, highly improbable for a young girl with no record of sexual perversity to file charges of serial rape against her very own father, which are so humiliating not only to herself, but also to her family, if said charges were untrue. Hence, a rape victim's testimony as to who abused her is credible where she has absolutely no motive to incriminate and testify falsely against the accused[12] and provided said testimony is candid, spontaneous, and straightforward.[13] | |||||