Lawyerly

GR No. 167503

2008-08-20

AZCUNA, J.

It was noted in the transcript of stenographic notes that private complainant, then 14 years old, was crying while she was testifying before the trial court. It has been held in several cases that the crying of a victim during her testimony is evidence of the truth of the rape charges, for the display of such emotion indicates the pain that the victim feels when she recounts the detail of her traumatic experience.[21]

GR No. 168650

2007-10-26

PEOPLE v. JOSE TUAZON

NACHURA, J.

The Court has acknowledged in several cases that the hesitance of the victim in reporting the crime to the authorities is not necessarily an indication of a fabricated charge. This is especially true where the delay can be attributed to the pattern of fear instilled by the threats of bodily harm made by a person who exercises moral ascendancy over the victim.[38] Neither can appellant find refuge in AAA's failure to promptly report the sexual assault to her relatives especially her mother.[39] This applies with greater force in the present case where the offended party was barely 11 years old at the time of the first rape incident and more or less 13 years old at the time of the last incident, and was therefore susceptible to intimidation and threats to physical harm.

GR NO. 147750

2004-09-29

PEOPLE v. GERRY EBIO Y HERMIDA

PER CURIAM

A: Nor, sir, but I was crying. It is highly improbable for a daughter to go out in public to falsely accuse her father of rape if it were not true. It is against human nature for a girl to fabricate a story that would expose herself as well as her family to a lifetime of dishonor, especially when her charge could mean the death of her own father.[17]

GR Nos. 147650-52

2003-10-16

PEOPLE v. RODOLFO S. PEPITO

PER CURIAM

Moreover, it has been shown that Jelyn was trembling and in tears during her direct and cross-examinations. Such display of raw emotions indicates the pain and humiliation that she felt as she recounted the details of her sordid experience.[34] The fact that Jelyn's own mother testified in the accused's defense does not render her tale any less true. In fact, under the circumstances, her mother should be condemned for assuming such stance to the prejudice of her own innocent minor daughter. It is a sad reality of life that some mothers actually choose to suffer in silence with their daughters rather than risk embarrassment of public trial and, for those in the marginalized sector, risk losing their means of support when their breadwinner husbands land in jail.[35]

GR No. 144595

2003-08-06

PEOPLE v. DANTE ILAGAN

YNARES-SANTIAGO, J.

Q: What was that, that you felt came out from the private organ if your father? A: As if phlegm (sipon), sir.[18] The aforequoted testimony of the victim is marked by spontaneity, honesty, and sincerity. When the testimony of the victim is simple and straightforward, the same must be given full faith and credit.[19] A young girl's revelation that she had been raped, coupled with her voluntary submission to medical examination and her willingness to undergo public trial where she could be compelled to give out the details of an assault on her dignity, cannot be easily dismissed as mere concoction. It is highly inconceivable for a daughter to publicly accuse her father of rape if it were not true. Indeed, it is highly against human nature to fabricate a story that would expose herself as well as her family to a lifetime of dishonor, especially when her charge could mean the death of her own father.[20]

GR Nos. 143760-63

2003-06-23

PEOPLE v. ROMEO MANLUCTAO Y BLANCO

QUISUMBING, J.

A: Yes, sir. PROS. MANAOIS: May we place on record that the witness is now shedding tears.[18] (Emphasis supplied.) From her testimony, it is clear that what was meant by "abused" is the pattern of unconsented sexual abuses against the victim by appellant. It is established jurisprudence that testimony must be considered and calibrated in its entirety inclusive and not by truncated or isolated passages thereof.[19] Due consideration must be accorded to all the questions propounded to the witness and her answers thereto. The whole impression or effect of what had been said or done must be considered and not individual words or phrases alone. Moreover, rape is a painful experience which is oftentimes not remembered in detail.[20] Just as well-settled is the rule that what is important is the victim's testimony that the accused sexually abused her.[21] Significantly, the victim shed tears while testifying on her third complaint against her own father.[22] The crying of a victim on the witness stand is evidence of the truth of the rape charges, for the display of such emotions indicates the pain that she feels as she recounts the details of her sordid experience.[23] Given the proof of two prior abuses against her, there is reason to hold in this instance that when a girl says she has been raped, she says in effect all that is necessary to show that rape was indeed committed,[24] for a daughter especially of tender age would not accuse her own father of such a heinous crime as rape had she really not been aggrieved.[25]

GR No. 121211

2003-04-30

PEOPLE v. RONETO DEGAMO

PER CURIAM

Complainant is likewise entitled to moral damages without need of further proof in the sum of P50,000.00.[42] The fact that complainant has suffered the trauma of mental, physical and psychological sufferings which constitute the basis for moral damages is too obvious to still require the recital thereof at the trial by the victim since the court itself even assumes and acknowledges such agony on her part as a gauge of her credibility.[43]

GR No. 145726

2003-03-26

PEOPLE v. FERDINAND ANTONIO

PER CURIAM

To be sure, a young girl's revelation that she has been raped, coupled with her voluntary submission to medical examination and her willingness to undergo public trial where she could be compelled to give out the details of an assault on her dignity, cannot be so easily dismissed as mere concoction. It is highly inconceivable for a daughter to publicly accuse her father of rape if it were not true. Indeed, it is against human nature for a girl to fabricate a story that would expose herself as well as her family to a lifetime of dishonor, especially when her charge could mean the death of her own father.[18]

GR Nos. 137278-79

2003-02-17

PEOPLE v. FRIVALDO BESMONTE Y LORENO

QUISUMBING, J.

What is material here is Melanie's testimony on how she was sexually abused. She positively identified appellants in open court as her ravishers without any hesitation. Indeed, where the accusing words come from a girl of tender years and they are directed against her own relatives, they are difficult to disbelieve. We further note that Melanie broke out in tears while testifying.[51] The crying of a victim during her testimony is evidence of the truth of the rape charges, for the display of such emotion indicates the pain that the victim feels when asked to recount her traumatic experience.[52] Melanie testified in a categorical, straightforward, and frank manner, and she remained consistent under cross-examination. The inescapable conclusion is that she is a credible witness. The sole testimony of a rape victim, if credible, suffices to convict.[53]

GR No. 147750

2002-10-14

PEOPLE v. GERRY EBIO Y HERMIDA

PER CURIAM

charge could mean the death of her own father.[13] Leonisa Ebio corroborated Dory's story of defilement. Leonisa testified as follows:[14]

	GR No. 167503 2008-08-20	PEOPLE v. LUISITO BAUN Y MERCADO AZCUNA, J.
It was noted in the transcript of stenographic notes that private complainant, then 14 years old, was crying while she was testifying before the trial court. It has been held in several cases that the crying of a victim during her testimony is evidence of the truth of the rape charges, for the display of such emotion indicates the pain that the victim feels when she recounts the detail of her traumatic experience.[21]
	GR No. 168650 2007-10-26	PEOPLE v. JOSE TUAZON NACHURA, J.
The Court has acknowledged in several cases that the hesitance of the victim in reporting the crime to the authorities is not necessarily an indication of a fabricated charge. This is especially true where the delay can be attributed to the pattern of fear instilled by the threats of bodily harm made by a person who exercises moral ascendancy over the victim.[38] Neither can appellant find refuge in AAA's failure to promptly report the sexual assault to her relatives especially her mother.[39] This applies with greater force in the present case where the offended party was barely 11 years old at the time of the first rape incident and more or less 13 years old at the time of the last incident, and was therefore susceptible to intimidation and threats to physical harm.
	GR NO. 147750 2004-09-29	PEOPLE v. GERRY EBIO Y HERMIDA PER CURIAM
A: Nor, sir, but I was crying. It is highly improbable for a daughter to go out in public to falsely accuse her father of rape if it were not true. It is against human nature for a girl to fabricate a story that would expose herself as well as her family to a lifetime of dishonor, especially when her charge could mean the death of her own father.[17]
	GR Nos. 147650-52 2003-10-16	PEOPLE v. RODOLFO S. PEPITO PER CURIAM
Moreover, it has been shown that Jelyn was trembling and in tears during her direct and cross-examinations. Such display of raw emotions indicates the pain and humiliation that she felt as she recounted the details of her sordid experience.[34] The fact that Jelyn's own mother testified in the accused's defense does not render her tale any less true. In fact, under the circumstances, her mother should be condemned for assuming such stance to the prejudice of her own innocent minor daughter. It is a sad reality of life that some mothers actually choose to suffer in silence with their daughters rather than risk embarrassment of public trial and, for those in the marginalized sector, risk losing their means of support when their breadwinner husbands land in jail.[35]
	GR No. 144595 2003-08-06	PEOPLE v. DANTE ILAGAN YNARES-SANTIAGO, J.
Q: What was that, that you felt came out from the private organ if your father? A: As if phlegm (sipon), sir.[18] The aforequoted testimony of the victim is marked by spontaneity, honesty, and sincerity. When the testimony of the victim is simple and straightforward, the same must be given full faith and credit.[19] A young girl's revelation that she had been raped, coupled with her voluntary submission to medical examination and her willingness to undergo public trial where she could be compelled to give out the details of an assault on her dignity, cannot be easily dismissed as mere concoction. It is highly inconceivable for a daughter to publicly accuse her father of rape if it were not true. Indeed, it is highly against human nature to fabricate a story that would expose herself as well as her family to a lifetime of dishonor, especially when her charge could mean the death of her own father.[20]
	GR Nos. 143760-63 2003-06-23	PEOPLE v. ROMEO MANLUCTAO Y BLANCO QUISUMBING, J.
A: Yes, sir. PROS. MANAOIS: May we place on record that the witness is now shedding tears.[18] (Emphasis supplied.) From her testimony, it is clear that what was meant by "abused" is the pattern of unconsented sexual abuses against the victim by appellant. It is established jurisprudence that testimony must be considered and calibrated in its entirety inclusive and not by truncated or isolated passages thereof.[19] Due consideration must be accorded to all the questions propounded to the witness and her answers thereto. The whole impression or effect of what had been said or done must be considered and not individual words or phrases alone. Moreover, rape is a painful experience which is oftentimes not remembered in detail.[20] Just as well-settled is the rule that what is important is the victim's testimony that the accused sexually abused her.[21] Significantly, the victim shed tears while testifying on her third complaint against her own father.[22] The crying of a victim on the witness stand is evidence of the truth of the rape charges, for the display of such emotions indicates the pain that she feels as she recounts the details of her sordid experience.[23] Given the proof of two prior abuses against her, there is reason to hold in this instance that when a girl says she has been raped, she says in effect all that is necessary to show that rape was indeed committed,[24] for a daughter especially of tender age would not accuse her own father of such a heinous crime as rape had she really not been aggrieved.[25]
	GR No. 121211 2003-04-30	PEOPLE v. RONETO DEGAMO PER CURIAM
Complainant is likewise entitled to moral damages without need of further proof in the sum of P50,000.00.[42] The fact that complainant has suffered the trauma of mental, physical and psychological sufferings which constitute the basis for moral damages is too obvious to still require the recital thereof at the trial by the victim since the court itself even assumes and acknowledges such agony on her part as a gauge of her credibility.[43]
	GR No. 145726 2003-03-26	PEOPLE v. FERDINAND ANTONIO PER CURIAM
To be sure, a young girl's revelation that she has been raped, coupled with her voluntary submission to medical examination and her willingness to undergo public trial where she could be compelled to give out the details of an assault on her dignity, cannot be so easily dismissed as mere concoction. It is highly inconceivable for a daughter to publicly accuse her father of rape if it were not true. Indeed, it is against human nature for a girl to fabricate a story that would expose herself as well as her family to a lifetime of dishonor, especially when her charge could mean the death of her own father.[18]
	GR Nos. 137278-79 2003-02-17	PEOPLE v. FRIVALDO BESMONTE Y LORENO QUISUMBING, J.
What is material here is Melanie's testimony on how she was sexually abused. She positively identified appellants in open court as her ravishers without any hesitation. Indeed, where the accusing words come from a girl of tender years and they are directed against her own relatives, they are difficult to disbelieve. We further note that Melanie broke out in tears while testifying.[51] The crying of a victim during her testimony is evidence of the truth of the rape charges, for the display of such emotion indicates the pain that the victim feels when asked to recount her traumatic experience.[52] Melanie testified in a categorical, straightforward, and frank manner, and she remained consistent under cross-examination. The inescapable conclusion is that she is a credible witness. The sole testimony of a rape victim, if credible, suffices to convict.[53]
	GR No. 147750 2002-10-14	PEOPLE v. GERRY EBIO Y HERMIDA PER CURIAM
charge could mean the death of her own father.[13] Leonisa Ebio corroborated Dory's story of defilement. Leonisa testified as follows:[14]

PEOPLE v. JIMMY MANLOD