This case has been cited 8 times or more.
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2007-06-08 |
CHICO-NAZARIO, J. |
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| This Court has consistently held that when the victim says that she has been raped, she says in effect all that is necessary to show that rape has been committed, and if her testimony meets the test of credibility, the accused may be convicted on the basis thereof. This is all the more true where the complainant is the daughter of the accused[19] because a daughter would not concoct a story of defloration against her father, accused him of so grave a crime as rape, allow an examination of her private parts, submit herself to public humiliation and scrutiny via an open trial, if she were not truly aggrieved or her sordid tale was not true and her sole motivation was not to have the culprit apprehended and punished.[20] It is likewise against human nature for a girl to fabricate a story that would expose herself as well as her family to a lifetime of dishonor, especially when her charge could mean the death or a lifetime in prison of her own father.[21] | |||||
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2004-02-11 |
CARPIO, J. |
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| The presence of old healed hymenal lacerations prior to the date of the victim's medical examination does not negate the commission of rape by the accused when the victim herself has testified in vivid detail on the sexual assault on her.[18] In the present case, we entertain no doubt that Mysan told the truth. Her testimony was straightforward, consistent and unwavering. There is also her positive assertion that appellant raped her when she was 8 years old.[19] | |||||
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2003-08-26 |
PER CURIAM |
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| The trial court's evaluation of the testimony of a witness is accorded highest respect because the trial court had the direct and singular opportunity to observe the facial expression, gesture, and tone of voice of a witness while testifying. The trial court is uniquely positioned to determine whether a witness is telling the truth. We find no basis to deviate from the settled rule that the testimony of a rape victim of tender or immature age deserves full credit, as in this case where the facts establish the sexual assault on her.[23] The testimony given was simple and straightforward, unshaken by a rigid cross-examination and unflawed by any inconsistency or contradiction. The same must be given full faith and credit.[24] Venilda testified thus: PROSECUTOR Q Now, on the said date and time, meaning November 23, 1998 at about 5:00 o'clock in the morning, where was your mother and your father? A In Ligao, in the town. In the poblacion. | |||||
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2003-06-09 |
VITUG, J. |
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| "A I felt something warm inside my vagina."[6] The testimony given was sufficiently straightforward. Nothing was shown to indicate that Soledad harbored any ill-motive that would have prompted and urged her to falsely accuse appellant.[7] It would indeed be unthinkable for the young woman to charge a man she barely knew with so grave a crime as rape and to then unnecessarily open herself to public scrutiny if she was not really subjected to the sexual indignity complained of. | |||||
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2002-08-22 |
QUISUMBING, J. |
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| unsubstantiated by clear and convincing evidence are negative and self-serving. They cannot be given greater evidentiary weight over the testimonies of credible witnesses who testified on affirmative matters.[38] In assailing the credibility of the prosecution witnesses, appellant averred that it was unlikely for rape to be perpetrated in a crowded place, such as the house where Flaviana was staying. In a long line of cases, however, we have held that the presence of other people in | |||||
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2000-12-14 |
PANGANIBAN, J. |
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| A duly certified certificate of live birth accurately showing the complainant's age, or some other authentic document such as a baptismal certificate or a school record, has been recognized as competent evidence.[39] | |||||
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2000-06-29 |
PANGANIBAN, J. |
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| However, jurisprudence dictates that when the law specifies certain circumstances that will qualify an offense and thus attach to it a greater degree of penalty, such circumstances must be both alleged and proven in order to justify the imposition of the graver penalty. Recent rulings of the Court relative to the rape of minors invariably state that in order to justify the imposition of death, there must be independent evidence proving the age of the victim, other than the testimonies of prosecution witnesses and the absence of denial by the accused.[40] A duly certified certificate of live birth accurately showing the complainant's age, or some other official document or record such as a school record, has been recognized as competent evidence.[41] | |||||