This case has been cited 5 times or more.
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2014-02-12 |
PEREZ, J. |
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| The numerous inconsistencies in the testimony of private complainant have created reasonable doubt in Our mind. In view of the foregoing considerations, the presumption of innocence in favor of appellant must be upheld considering that the evidence brought forth in trial falls short of the quantum of proof to support a conviction.[37] | |||||
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2013-03-20 |
PEREZ, J. |
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| By the very nature of the crime of rape, conviction or acquittal depends almost entirely on the credibility of the complainant's testimony because of the fact that, usually, only the participants can directly testify as to its occurrence.[12] Since normally only two persons are privy to the commission of rape, the evaluation of the evidence thereof ultimately revolves around the credibility of the complaining witness.[13] Thus, we revert to the testimony of the witnesses. | |||||
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2003-04-09 |
YNARES-SANTIAGO, J. |
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| The numerous inconsistencies in the testimony of the private complainant have created reasonable doubt in our mind.[51] In view of the foregoing considerations, the presumption of innocence in favor of accused-appellants must be upheld considering that the evidence at hand falls short of the quantum of proof to support a conviction.[52] | |||||
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2002-12-27 |
QUISUMBING, J. |
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| intimidation shown of such character on appellant's part so as to render complainant helpless to resist the alleged assault against her honor. We find the pertinent testimony of complainant instructive on the issue of resistance: Q: At that time, were your thighs closed or open when he was making a push and pull motion? A: My legs were open because he was on top of the middle part of my body. Q: He was on top of you, is it not? A: Yes. Q: But your legs were down, how could it be opened? A: My legs were already separated when he pressed on me, I could no longer move. Q: So, you mean to say, at that time he pushed to the bed, your legs were separated apart, you never endeavour to close your legs, you just stayed in that position and allowed him to penetrate? A: While in that position with my legs apart, he immediately pressed me with his body. Q: But before he could fall on you, you can close your legs, before he could be on top of you, but why did you not do it? A: Because in my position with my legs separated apart, he immediately rode on top of me. Q: You testified that your two hands were free at that time, why did you not push him so that you can close your thighs? A: If I push him I will not be able to overcome him because he is bigger than me. Q: But you have not struggled. There is no sign at all that you struggled, you have not scratched his face, boxed him or bite him. Why is that so? Why did you not resist on that manner? A: If I have to pinch him, my nails are short, if I have to bite him, I could not be able to do that because his hand was on my mouth. Q: At that time he was kissing your lips, why did you not bite his tongue? A: Because I was already afraid at that moment. Q: How many times did he make a push and pull motion before he extricated himself? A: I could not remember anymore. Q: But you recall that before he ejaculated, he kissed you? A: Yes. Q: He was kissing you on your lips? A: Yes. Q: And at that time, what were your two hands doing? A: I was boxing his sides. Q: Boxing where? A: On his sides, Your Honor. Q: Why did you not pull his penis when he made a push a[nd] pull motion, when your two hands are free? A: Because he already pressed on me, I could not move my legs and body, what I did was to box him. Q: Why did you not scratch his eyes, boxed his nose or bite his ears? A: How could I? Q: At that time you were kissed by him? A: I could no longer do because I was already crying. Q: Suppose I tell you that a woman in order to defend her honor, would do everything, including the scratching of the face? A: He is big, he did not mind my punches.[27] (Emphasis supplied.) Well-settled is the rule that in a crime of rape allegedly committed by force, the prosecution must establish that the element of voluntariness on the part of the victim was absolutely lacking.[28] It is indeed strange for a rape victim, who should be | |||||
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2002-10-03 |
PANGANIBAN, J. |
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| only ones who can directly testify as to its occurrence.[13] Thus, the strength of the prosecution's evidence ultimately revolves around the credibility of the complaining witness.[14] In the present case, complainant related how her father had abused her as follows: | |||||