This case has been cited 1 times or more.
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2012-08-06 |
DEL CASTILLO, J. |
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| The Information alleges that the carnal knowledge was attended by force, threat or intimidation, but the testimony of AAA does not indicate the presence of those circumstances. AAA merely mentioned that the unarmed appellant threatened to kill her if she made a noise. To be intimidated by the said threat is highly suspicious for a 20-year-old woman whose brother was sleeping on the floor of the same room where she was alleged to have been defiled. While it has been held that lust is no respecter of time and place and rape can be committed in the unlikeliest of places such as in places where people congregate, in parks, along the roadside, within school premises and even inside a house where there are other occupants or where other members of the family are also sleeping,[15] those cases mostly involve minors whose rapists are those who have moral ascendancy over them. In the present case, it is unbelievable that a 20-year-old woman would easily succumb to a simple threat from someone who does not have any moral ascendancy over her when she could have easily shouted for help and aroused her brother who was sleeping nearby. As ruled in People v. Castro:[16] | |||||