This case has been cited 4 times or more.
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2008-06-17 |
CHICO-NAZARIO, J. |
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| The appellant in this case considered his failure to give money to AAA as the latter's motive for charging him with the crime of rape; such allegation, however, remained unsubstantiated; therefore, it is self-serving. It is an accepted doctrine that in the absence of evidence of improper motive on the part of the victim to falsely testify against the accused, her testimony deserves credence.[46] Thus, the aforesaid allegation of the appellant cannot even shed any cloud of doubt on the credibility of the victim's testimony. Further, during AAA's testimony before the court a quo, there were instances when AAA cried[47] while narrating and testifying in court about her horrible experience in the hands of the appellant. The fact that the victim cried during her testimony is evidence of the credibility of the rape charge[48] for the display of such emotion indicates the pain that the victim felt when asked to recount her traumatic experience.[49] | |||||
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2007-12-17 |
CHICO-NAZARIO, J. |
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| This Court, upon examining the records of the present case, fully agrees in the findings of both the trial court and the appellate court that the testimony of AAA is credible and enough to convict the appellant even without the corroborating testimonies of the other prosecution witnesses. Her testimony on how she was raped by the appellant on 24 June 1997 was characterized by the trial court and affirmed by the Court of Appeals as clear, straightforward and bereft of any material or significant inconsistencies. Further, we note that while testifying, AAA broke down in tears.[40] The crying of a victim during her testimony is eloquent evidence of the credibility of the rape charge with the verity borne out of human nature and experience.[41] Similarly, no woman, least of all a child, would concoct a story of defloration, allow an examination of her private parts and subject herself to public trial or ridicule if she has not, in truth, been a victim of rape and impelled to seek justice for the wrong done to her.[42] It is also highly inconceivable for a girl to provide details of a rape and ascribe such wickedness to her "stepfather" just because she resents being disciplined by him since, by thus charging him, she would also expose herself to extreme humiliation, even stigma.[43] Testimonies of child-victims are normally given full weight and credit, since when a woman, more so if she is a minor, says that she has been raped, she says in effect all that is necessary to show that rape was committed.[44] Youth and immaturity could indeed be badges of truth. This observation is a matter of judicial cognizance borne out by human nature and experience. There could not have been a more powerful testament to the truth than this "public baring of unspoken grief."[45] More so, it is an accepted doctrine that in the absence of evidence of improper motive on the part of the victim to falsely testify against the accused, her testimony deserves credence.[46] And in this case, it was never shown that the complainant had an ill motive in filing a case against the appellant other than seeking justice for what had happened to her. | |||||
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2007-09-05 |
CHICO-NAZARIO, J. |
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| This Court, upon examining the records of the present case, fully agrees in the findings of both the trial court and the Court of Appeals that the testimony of the complainant is credible. Her testimony on how she was raped by the appellant was characterized by the trial court and affirmed by the appellate court as candid, clear and categorical. The trial court even went on to say that during the direct and cross examination of the complainant, there were marked expressions of embarrassment and noticeable anguish on her face especially when she was asked to recall her painful experience in the hands of the appellant. Likewise the act of the complainant in filing a complaint against the appellant, few hours after the rape incident happened, can be regarded as an indication of a truthful narration that indeed, she was raped by the appellant. It is settled that no woman, least of all a child, would concoct a story of defloration, allow an examination of her private parts and subject herself to public trial or ridicule if she has not, in truth, been a victim of rape and impelled to seek justice for the wrong done to her. Testimonies of child-victims are given full faith and credit, since when a girl says she has been raped, she says in effect all that is necessary to show that rape was indeed committed. Youth and immaturity are generally badges of truth and sincerity.[44] It is also an accepted doctrine that in the absence of evidence of improper motive on the part of the victim to falsely testify against the accused, her testimony deserves credence.[45] And in this case, it was never shown that the complainant had an ill motive in filing a case against the appellant other than seeking justice to what had happened to her. | |||||
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2003-08-26 |
PER CURIAM |
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| The other factors mentioned by the doctor do not exclude Venilda's ruptured hymen as physical evidence of the sexual assault on her.[21] When the victim's testimony of her sexual violation is corroborated by the physician's findings of penetration, i.e. a ruptured hymen, there is sufficient basis to conclude the existence of the essential requisite of carnal knowledge.[22] | |||||