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PEOPLE v. ROQUE ABELLANO

This case has been cited 6 times or more.

2008-09-11
CHICO-NAZARIO, J.
Finally, AAA positively identified[69] the appellant as her ravisher. The straightforward narration by AAA of what transpired, accompanied by her categorical identification of appellant as the malefactor, sealed the case for the prosecution.[70] No daughter will charge a father, especially a good father, with rape. The charge is not only embarrassing to the victim and the family, it means death to the head of the family.[71]
2007-06-08
CHICO-NAZARIO, J.
The defense of denial is an intrinsically weak defense, which must be buttressed by strong evidence of non-culpability to merit credibility.[23] It is merely a negative and self-serving allegation that cannot be given any weight on the scale of justice.[24] And although denial is a legitimate defense in rape cases, mere bare assertions to this effect cannot overcome the positive, straightforward, unequivocal and categorical testimony of the victim. It is an established rule that an affirmative testimony is far stronger than a negative testimony, especially so when it comes from a credible witness.[25] Likewise, it is hornbook doctrine that such positive and categorical testimony of a rape victim-daughter, identifying her own father as the one who sexually attacked her, prevails over his bare denial because no daughter will charge a father, especially a good father, with rape. The charge is not only embarrassing to the victim and the family. It means death to the head of the family. A father so charged cannot exculpate himself by a bare-bone denial.[26]
2006-10-31
CHICO-NAZARIO, J.
While denial is a legitimate defense in rape cases, bare assertions to this effect cannot overcome the categorical testimony of the victim. It is an established rule that an affirmative testimony is far stronger than a negative testimony, especially so when it comes from a credible witness.[31] It is hornbook doctrine that the positive and categorical testimony of a rape victim-daughter, identifying her own father as the one who sexually attacked her, prevails over his bare denial. No daughter will charge a father, especially a good father, with rape. The charge is not only embarrassing to the victim and the family. It means death to the head of the family. A father so charged cannot exculpate himself by a bare-bone denial.[32]
2003-10-23
PER CURIAM
This Court has upheld complaints and informations in prosecutions for rape which merely alleged that a rape has been committed "sometime in the month of April 1993," for a rape committed sometime in 1993;[20] "on or about May 1998," for a rape committed sometime in the first week of May 1998;[21] and "sometime in the month of September 1998," for a rape committed on an evening in September 1998.[22] There is no cogent reason to deviate from these precedents. Thus, the allegations in the Informations which stated that two (2) incidents of rape were committed in July and August 1996 are sufficient to sustain the conviction of appellant therefor.
2003-05-05
BELLOSILLO, J.
Thus, in prosecutions for rape, we have sustained complaints and informations which merely alleged: "sometime before and until October 15, 1994," for a rape committed in 1993;[34] "on or about May 1998," for a rape committed sometime in the first week of May 1998;[35] "on or about May 1994," for a rape committed on 11 May 1994;[36] "sometime in 1992 and subsequent thereto in 1994," for two counts of rape committed in August and September 1994;[37] "sometime in the month of April 1993," for a rape committed sometime in 1993;[38] "sometime in the month of September 1998," for a rape committed one night in September 1998;[39] "sometime (in) January 1992, and many times thereafter," for a rape committed during the first week of January 1992;[40] and "on or about the year 1990," for a rape committed in 1990.[41]
2003-01-28
CALLEJO, SR., J.
In a parallel development, the Sandiganbayan issued a Resolution on April 25, 2001 in Criminal Case No. 26558 finding probable cause to justify the issuance of warrants of arrest for the accused, including petitioner. Accordingly, the Sandiganbayan issued an Order on the same date for the arrest of petitioner.[5] When apprised of said order, petitioner voluntarily surrendered at 9:45 p.m. on the same day to Philippine National Police Chief Gen. Leandro Mendoza. Petitioner has since been detained at Camp Crame for said charge.