This case has been cited 4 times or more.
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2009-09-10 |
LEONARDO-DE CASTRO, J. |
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| Accused-appellant harps on the medical report, particularly the conclusion quoted as follows: "negative for introital bulvar laceration nor scars, which means, in layman language, that there was no showing of any scar or wound." The Court has consistently ruled that the presence of lacerations in the victim's sexual organ is not necessary to prove the crime of rape and its absence does not negate the fact of rape. A medical report is not indispensable in a prosecution for rape.[28] What is important is that AAA's testimony meets the test of credibility, and that is sufficient to convict the accused. | |||||
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2003-10-16 |
PER CURIAM |
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| Resistance is not an element of rape and the absence thereof is not tantamount to consent.[28] Threat or intimidation employed by rapists against their victims, especially when they are minors (in this case the rapist's own minor daughter) is such as to easily force the latter into submission. Physical resistance need not be established in rape when intimidation is exercised upon the victim and the latter yields herself against her will because of fear for her life and personal safety.[29] | |||||
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2002-07-31 |
BELLOSILLO, J. |
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| indicates. At any rate, in accordance with current case law, we award Rosita Gomonit civil indemnity in the amount of P50,000.00 for each count of rape.[16] And we also deem it proper to award her P50,000.00 for moral damages for each rape inasmuch as in rape cases the moral sufferings of the victim are presumed and therefore need not be proved.[17] WHEREFORE, the Decision of the court a quo finding accused-appellant Laureano Sistoso y Defranco alias Yayan guilty of two (2) counts of rape is AFFIRMED with the MODIFICATION that the two (2) death penalties imposed on him are reduced instead from death to reclusion perpetua | |||||
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2002-04-18 |
YNARES-SANTIAGO, J. |
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| As regards the civil aspect of the case at bar, accused-appellant should be made to pay, in line with current jurisprudence, moral damages in the amount of P50,000.00,[35] in addition to the civil indemnity of P50,000.00 already awarded by the trial court. | |||||