This case has been cited 2 times or more.
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2008-11-20 |
VELASCO JR., J. |
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| Also untenable is accused-appellants' contention that non-flight of the assailants signified innocence. Unlike flight of an accused, which is competent evidence against the accused as having a tendency to establish the accused's guilt, non-flight is simply inaction, which may be due to several factors.[10] It cannot be singularly considered as evidence or as a manifestation determinative of innocence.[11] | |||||
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2008-02-19 |
CHICO-NAZARIO, J. |
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| It bears emphasis that the competence and credibility of mentally deficient rape victims as witnesses have been upheld by this Court where it was shown that they could communicate their ordeal capably and consistently. Rather than undermine the gravity of the complainant's accusations, it even lends greater credence to her testimony, as someone feeble-minded and guileless could speak so tenaciously and explicitly on the details of the rape if she has not in fact suffered such crime at the hands of the accused.[49] Besides, having the mental age level of a six-year-and-six-month-old normal child would even bolster her credibility as a witness, considering that a victim at such tender age would not publicly admit that she had been criminally abused and ravished unless that was the truth. For no woman, especially one of tender age, practically only a girl, would concoct a story of defloration, allow an examination of her private parts and thereafter expose herself to a public trial, if she were not motivated solely by the desire to have the culprit apprehended and punished to avenge her honor and to condemn a grave injustice to her.[50] | |||||