This case has been cited 6 times or more.
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2004-06-29 |
QUISUMBING, J. |
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| The intimidation employed by the malefactor in rape must be viewed in the light of the victim's perception and judgment at the time of the offense and not by any hard-and-fast rule or standard. All that is required is that the intimidation be sufficient to produce fear in the victim, a fear that if she does not yield to the brute demands of the appellant, something injurious would happen to her. This Court has previously observed that victims of tender age are easily intimidated and cowed into silence even by the mildest threat against their lives.[38] Appellant himself admits that he had played a father role to Mary Jane since her childhood. Appellant exercised moral ascendancy and influence over her. Well established is the rule, that in instances of rape committed by a father, or a father's surrogate, his moral ascendancy and influence over the victim sufficiently substitutes for the elements of violence and intimidation.[39] | |||||
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2004-05-27 |
QUISUMBING, J. |
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| While the record does not show that the appellant used force or intimidation in getting his victim to submit to his bestial urges, still we are unable to agree that the victim had consented to the sexual congress. In cases of rape committed by a father or a person recognized by the person as her father, the former's moral ascendancy and influence over the latter substitutes for violence and intimidation.[38] No further proof need be shown to prove lack of the daughter's consent to her own defilement. | |||||
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2003-08-28 |
YNARES-SANTIAGO, J. |
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| Testimonies of rape victims, especially child victims, are given full weight and credit.[16] In the case at bar, the victim was barely eight years old when she was raped. We have consistently held that when a woman, more so if she is a minor, says that she has been raped, she says in effect all that is necessary to show that rape was committed.[17] Moreover, the records show that the complainant was crying when she testified.[18] This has been held to be evidence of truthfulness of the rape charge with the verity born out of human nature and experience.[19] | |||||
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2003-01-22 |
YNARES-SANTIAGO, J. |
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| In resolving rape cases, the complainant's credibility becomes the single most important issue. In view of the intrinsic nature of the crime of rape where only two persons normally are involved, the testimony of the complainant must always be scrutinized with great caution, and the evidence for the prosecution must stand or fall on its own merits and should not be allowed to gain validity from the lack of evidence for the defense.[6] | |||||
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2002-08-06 |
KAPUNAN, J. |
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| latter substitutes for violence and intimidation.[36] Moreover, the accused-appellant's assertion that he did not rape Rea is belied by her conduct after the incident. Granting arguendo that it is true that she had freely given herself to him, it would have been quite ridiculous for her (a) to invent a story of multiple incest | |||||