This case has been cited 5 times or more.
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2003-04-09 |
YNARES-SANTIAGO, J. |
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| Appellant's alibi fails to convince us. Basic is the rule that alibi is easily concocted and cannot prevail over the victim's positive identification of her offender. Weak as it is, alibi becomes more ineffectual when appellant failed to demonstrate that it was physically impossible for him to be at the crime scene when it was committed.[21] In this case, Solomon Bosadre's house, where appellant claims to have been, and the locus criminis are both situated within the same municipality of Tigaon, Camarines Sur. Appellant failed to show that it was physically impossible for him to have been at or near the crime scene. | |||||
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2003-03-18 |
PUNO, J. |
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| Neither do we agree with appellant's contention that the trial court overlooked the nefarious motive of Wenna in accusing him of rape. We adhere to the settled rule that the calibration of the credibility of a witness is best left to the discretion of the trial judge who was able to observe the demeanor of the witness while testifying. In giving more weight to Wenna's testimony, the trial court found her testimony to be sincere and straightforward as she narrated in detail the manner by which she was ravished by the appellant.[15] The trial court also took note of Wenna's agony as her testimony throughout the trial was punctuated by uncontrollable bursts of tears.[16] Moreover, her positive testimony of forcible defloration was corroborated by the results of the physical examination conducted on her. It is settled that the existence of lacerations, coupled with the victim's testimony, are the best physical evidence of sexual abuse.[17] In contrast, we find the defense adduced by the appellant to be flimsy. First, it is unnatural for a naïve, barrio lass to accuse her father of such a grave, personal offense and expose herself and her family to social humiliation if it were not true. Second, the defense's attempt to shift the blame on Lino Racho has to fail for lack of evidence. | |||||
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2003-02-28 |
AUSTRIA-MARTINEZ, J. |
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| Appellant succeeded in penetrating Eusebia's vagina and this fact was confirmed by the examination conducted by Dr. Pagunsan on July 11, 1996, which is within 24 hours of the sexual assault of Eusebia on July 10, 1996. The examination disclosed "fresh blood coming from a lacerated fourchette at 6 o'clock position, 1st-degree laceration extending from the rim outwards is about 1 cm. and from the rim inwards is about 0.6 cm".[23] When the victim's testimony is corroborated by the physician's finding of penetration, there is sufficient foundation to conclude the existence of the essential requisite of carnal knowledge.[24] | |||||
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2003-02-28 |
AUSTRIA-MARTINEZ, J. |
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| We note that in ruling upon appellant's civil liability, the trial court only awarded indemnity ex delicto of Fifty Thousand Pesos (P50,000.00). Moral damages are automatically awarded in rape cases, without need of proof, for it is assumed that the victim sustained mental, physical and psychological suffering.[27] Pursuant to prevailing jurisprudence, Eusebia should also be awarded moral damages in the amount of Fifty Thousand Pesos (P50,000.00).[28] | |||||
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2003-01-28 |
AZCUNA, J. |
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| "A I cannot describe, sir.[35] The physical evidence corroborates Aileen's testimony. The medico-legal report of Dr. Mary Gwendolyn Luna on the evidence of the non-virgin state of Aileen is the definitive proof that penetration did in fact occur. The examination conducted by Dr. Luna revealed that Aileen's hymen bore two old, deep lacerations at 5 and 7 o'clock, and superficial lacerations at 3, 6, 9 and 11 o'clock.[36] It is settled that when the victim's testimony is corroborated by the physician's finding of penetration, there is sufficient foundation to conclude the existence of the essential requisite of carnal knowledge.[37] Laceration, whether healed or fresh, is the best physical evidence of forcible defloration.[38] | |||||