This case has been cited 2 times or more.
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2011-02-23 |
MENDOZA, J. |
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| According to AAA, her siblings were all outside the house while her grandmother was doing an errand in the market when the accused molested her. Granting arguendo that there were other people in the house when the rape was committed, rapists are not deterred from committing their odious act by the presence of people nearby or the members of the family.[32] Lust, being a very powerful human urge, is, to borrow from People v. Virgilio Bernabe,[33] "no respecter of time and place." Rape can be committed in even the unlikeliest places and circumstances and by the most unlikely persons.[34] The beast in a man bears no respect for time and place, driving him to commit rape anywhere - even in places where people congregate, in parks, along the roadsides, in school premises, in a house where there are other occupants, in the same room where other members of the family are also sleeping, and even in places which to many would appear unlikely and high risk venues for its commission. Besides, there is no rule that rape can be committed only in seclusion.[35] | |||||
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2003-06-10 |
VITUG, J. |
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| Quite often, this Court has held that rapists are not deterred from committing the odious act of sexual abuse by the mere presence nearby of people or even family members. Rape is committed not exclusively in seclusion;[7] lust, it is said, respects neither time nor place. The trial court has valued Maricar's testimony as being "spontaneous and straightforward." Indeed, when a victim's testimony is straightforward and unflawed by any major inconsistency or contradiction, the same must be given full faith and credit.[8] Appellant capitalizes on the so-called disparity between the declaration of Maricar in her testimony in court and her sworn statement. He quotes a portion of her salaysay; viz:"06. T: Natatandaan mo ba kung kailan at kung saan nangyari ang mga ginawa na sinasabi ng lolo mo sa iyo? | |||||