This case has been cited 4 times or more.
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2004-05-18 |
YNARES-SATIAGO, J. |
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| Christine Joy was able to describe with the simplicity of a child the ordeal that she suffered. Her testimony established appellant's penetration of her female organ which produced such pain which she vividly remembered. That the medical examination conducted on her showed no lacerations or other physical injury on the genitalia does not preclude the possibility that rape was consummated. A felony is consummated when all the elements necessary for its execution and accomplishment are present. Rape under the first paragraph of Article 335 of the Revised Penal Code, as amended by R.A. 7659, is consummated when there is penetration, no matter how slight, of the victim's genitalia under any of the circumstances enumerated therein.[23] In order to sustain a conviction for rape, penetration of the female genital organ by the male is not indispensable.[24] What is fundamental is that the entrance, or at least the introduction, of the male organ into the labia of the pudendum is proved. [25] The prosecution has proven the consummation of the offense through the testimony of Christine Joy. We find the said testimony credible and sufficient to prove that there was penetration of the victim's sexual organ. This fact is enough to convict appellant of the crime of rape. | |||||
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2003-04-30 |
PANGANIBAN, J. |
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| This point becomes even more pronounced in this case, in which private complainant is accusing her very own father of acts of savagery. It would take the most senseless kind of depravity for a daughter to fabricate a story that would send her father to death, only because he had scolded her or because they did not see eye to eye.[62] A child, innocent and naive to the ways of the world, is not likely to make an accusation of so serious a crime as incestuous rape if it was not the plain truth, or if her motive was not purely to bring the offender to justice.[63] In the present case, private complainant was well aware that her father could face death if convicted of the crime with which he was charged.[64] | |||||
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2002-11-13 |
YNARES-SANTIAGO, J. |
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| latest jurisprudence for rape not effectively qualified by any circumstance under which death penalty is authorized by the present amended law.[18] Moral damages is also awarded pursuant to Article 2219 of the Civil Code, without the necessity of additional pleading or proof other than the fact of rape. Moral damages is granted in recognition of the victim's injury as being inherently concomitant with and necessarily resulting from the abhorrent crime of rape, especially where the rape victim is an innocent child whose life is forever tainted by a foul and traumatic experience.[19] In addition, accused-appellant is ordered to pay each of his victims P25,000.00 as exemplary damages, considering his relationship as father of the rape victims, Elgie and Lady.[20] | |||||
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2002-07-31 |
PANGANIBAN, J. |
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| scolded her or because they did not see eye to eye.[28] A child, innocent and naive to the ways of the world, is not likely to accuse her own father of so serious a crime as incestuous rape if it was not the plain truth, or if her motive was not purely to bring the offender to justice.[29] Appellant insists that there was no consummated rape. If at all, the crime committed was only attempted rape, there being allegedly no proof of penetration. | |||||