This case has been cited 2 times or more.
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2010-08-25 |
PEREZ, J. |
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| The information in this case alleged that accused-appellant, who is the step-father of XYZ, succeeded in having carnal knowledge of the latter, who was then thirteen (13) years of age. The birth certificate of XYZ presented during the trial clearly established that she was below 18 years old when the rape was committed on 4 February 1998. The records, however, revealed that accused-appellant and AAA were not legally married but were merely engaged in a common-law relationship. Legally speaking, the term "stepparent" refers to "an accused who is legally married to one of the parents of the victim."[8] Although a common-law husband is subject to the punishment of death, if he commits rape against his wife's daughter, nevertheless, the death penalty cannot be imposed on accused-appellant because the relationship alleged in the information in Criminal Case No. 13546 is different with that which was actually proven. As such, accused-appellant should be sentenced with the lesser penalty of reclusion perpetua. This is in all fours with our rulings in People v. Begino,[9] People v. Santos,[10] People v. Victor,[11] and People v. Ramirez.[12] As we stated in Ramirez, | |||||
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2003-01-22 |
YNARES-SANTIAGO, J. |
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| Evidence on record shows that when asked to recount her harrowing experience in the hands of accused-appellant, complainant cried. In People v. De Guzman,[8] it was held that the cry of the victim during her testimony bolsters the credibility of the rape charge with the verity born out of human nature and experience. Moreover, no woman would be willing to undergo a public trial and put up with the shame, the humiliation and the dishonor of exposing her own degradation were it not to condemn injustice and to have the offender apprehended and punished. The embarrassment and stigma she suffers in allowing an examination of her private parts and testifying in open court on the painfully intimate details of her ravishment effectively rule out the possibility of a false accusation of rape. Her account of her horrible ordeal evinces sincerity and truthfulness.[9] The fact that she immediately reported the incident to her sister and then to the authorities which led to the filing of the complaint bolsters her charge of rape. Indeed, if a young girl had voluntarily submitted herself to an intimate relationship with a man, her most natural reaction would have been to conceal it as this would bring disgrace to her honor and shame to her family.[10] | |||||