This case has been cited 5 times or more.
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2007-04-13 |
QUISUMBING, J. |
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| We find nothing perplexing in her testimony. It is not unnatural for a rape victim, especially one who is of tender age, to make discrepant statements. But, so long as the testimony is consistent on material points, slightly conflicting statements will not undermine the witness's credibility or the veracity of her testimony. They in fact tend to buttress, rather than impair, her credibility as they erase any suspicion of a rehearsed testimony. Inconsistencies and discrepancies as to minor matters which are irrelevant to the elements of the crime cannot be considered grounds for acquittal.[12] | |||||
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2003-08-06 |
PER CURIAM |
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| While it may be true that it was dark at that time, however, Vanessa could very well identify the appellant as the culprit. It is important to note that they and the rest of the family have been living together in just one roof. Thus, she is so familiar with him. A person may be identified not only by his face or voice but also by his physique, as in this case. We have held that once a person has gained familiarity with another, identification is quite an easy task.[25] Indeed, she could not have made a mistake in identifying her own father as her coital tormentor. This fact cannot simply be overturned by appellant's mere denial which was not supported by any evidence. We have consistently held that denial is an inherently weak defense and, unless supported by clear and convincing evidence, the same cannot prevail over the positive declarations of the victim who, in a simple and straightforward manner, convincingly identified the appellant as the defiler of her chastity.[26] Between the positive declarations of a prosecution witness and the negative statements of the accused, the former deserve more credence.[27] | |||||
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2002-02-20 |
PER CURIAM |
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| Q Aime, you said your father forced you to have sexual intercourse by inserting his penis inside your vagina. Now, before your father inserted his penis into your vagina, what, if anything, would he tell you? A That if I will refuse though I did not like it, he said he will kill me. Court Q How did he manifest that he will really kill you if you will not submit to his bestial act or desire? A He was in rage (nangisog). Q How did he manifest his enragement? A He will harm me. Q How will he harm you? A By boxing me. Q Did he really box you? A Yes. Q Where were you hit? What portion of your body was hit? A Here (witness indicating the right shoulder). Q What happened to you when you were hit? A I cried. Q Why did you cry? A It was painful. Q You were only hit once? A Several times. Court: Proceed. Fiscal Perez: Q After your father inserted his penis inside your vagina, … What would your father do with his penis inside your vagina? Witness: A He started to push and pull. Fiscal Perez: Q How did you feel while your father's penis was being pushed and pulled? A Pain. Q And after your father had committed sexual intercourse with you... We manifest, your Honor, that she is continuously wiping tears rolling down her cheeks."[47] At several instances during her testimony, Aime cried as she was overcome by emotion, indicating that she was telling the truth.[48] The Court is hard put to dismiss her testimony as a mere concoction. If she had concocted her tale, she would not have remained consistent throughout her entire testimony in the face of intense and lengthy interrogation.[49] | |||||
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2002-01-30 |
PANGANIBAN, J. |
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| "Complainant, who was yet in her early adolescence living in a rural area, was required strictly to act with circumspection and prudence and avoid indulging in anything immodest, much [less], in sexual perversity, which would surely blemish her reputation and ruin her honor. The Court finds Mercy Gascon's story too fantastic to be true, [n]ay, it belongs to the realm of the inscrutable and is thus beyond judicial cognizance."[46] Besides, assuming Gascon's story to be true, still, the rape victim's character in this crime is immaterial.[47] Even a prostitute can be a victim of rape.[48] | |||||
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2001-11-27 |
KAPUNAN, J. |
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| In addition to civil indemnity, moral damages may be awarded to rape victims,[93] without need of proof other than the fact of the rape itself.[94] The fact that each of the victims suffered mental, physical and psychological trauma as a result of the rape are too obvious to still require the recital thereof at trial.[95] Under current rulings, the award of moral damages should be in the amount of Fifty Thousand Pesos (P50,000.00) for each crime.[96] | |||||