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PEOPLE v. ROBERTO SEGOVIA

This case has been cited 3 times or more.

2009-10-09
LEONARDO-DE CASTRO, J.
In rape cases, the material fact or circumstance to be considered is the occurrence of the rape, not the time of its commission. The date or time of the commission of rape is not a material ingredient of the said crime because the gravamen of rape is carnal knowledge of a woman through force and intimidation. In fact, the precise time when the rape takes place has no substantial bearing on its commission. As such, the date or time need not be stated with absolute accuracy. It is sufficient if the complaint or information states that the crime has been committed at any time as near as possible to the date of its actual commission.[36]
2009-09-10
LEONARDO-DE CASTRO, J.
AAA was barely 9 years of age when she testified. It has been stressed often enough that the testimony of rape victims who are young and immature deserve full credence. It is improbable for a girl of complainant's age to fabricate a charge so humiliating to herself and her family had she not been truly subjected to the painful experience of sexual abuse. At any rate, a girl of tender years, innocent and guileless, cannot be expected to brazenly impute a crime so serious as rape to any man if it were not true.[30]  Parents would not sacrifice their own daughter, a child of tender years at that, and subject her to the rigors and humiliation of public trial for rape, if they were not motivated by an honest desire to have their daughter's transgressor punished accordingly.[31]  Hence, the logical conclusion is that no such improper motive exists and that her testimony is worthy of full faith and credence.
2007-09-05
TINGA, J.
It is unnecessary to state in the information the precise date that the offense was committed, except when it is an essential element of the offense.[29] The date of commission is not an element of the offense of rape.[30] The gravamen of rape is carnal knowledge of a woman under any of the circumstances provided by law.