This case has been cited 1 times or more.
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2002-01-30 |
PANGANIBAN, J. |
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| When the alleged age of the victim at the time of the sexual assault is between 13 and 18 years, neither her bare testimony nor that of her mother would suffice to prove her age and consequently qualify the crime to justify the imposition of the death penalty.[53] This is because in this era of modernism and rapid growth, the victim's mere physical appearance is not enough to gauge her exact age. For the extreme penalty of death to be upheld, nothing but proof beyond reasonable doubt of every fact necessary to constitute the crime must be substantiated. Verily, the minority of the victim should be not only alleged but likewise proved with equal certainty and clearness as the crime itself.[54] Be it remembered that the proof of the victim's age in the present case spells the difference between life and death. | |||||