This case has been cited 4 times or more.
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2014-02-12 |
LEONARDO-DE CASTRO, J. |
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| Case law, however, shows numerous instances of rape committed under indirect and audacious circumstances.[63] The lust of a lecherous man respects neither time nor place. Neither the crampness of the room, nor the presence of people therein, nor the high risk of being caught, has been held sufficient and effective obstacle to deter the commission of rape.[64] | |||||
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2012-10-24 |
REYES, J. |
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| Any minor inconsistencies in AAA's testimony do not warrant Laurino's acquittal. Discrepancies referring only to minor details and collateral matters not to the central fact of the crime do not affect the veracity or detract from the essential credibility of witnesses' declarations, as long as these are coherent and intrinsically believable on the whole. For a discrepancy or inconsistency in the testimony of a witness to serve as a basis for acquittal, it must establish beyond doubt the innocence of the appellant for the crime charged. It cannot be overemphasized that the credibility of a rape victim is not diminished, let alone impaired, by minor inconsistencies in her testimony.[10] AAA's statements were also not rendered implausible by her claim that CCC saw her being raped by their uncle. Time and again, we have ruled that lust is no respecter of time and place. Neither the crampness of the room, nor the presence of other people therein, nor the high risk of being caught, has been held sufficient and effective obstacle to deter the commission of rape.[11] | |||||
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2012-07-30 |
LEONARDO-DE CASTRO, J. |
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| The non-performance of all acts of execution was due to cause or accident other than his spontaneous desistance.[48] | |||||
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2011-06-08 |
PEREZ, J. |
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| In Rellota, [50] this Court reiterated: It is established jurisprudence that testimony must be considered and calibrated in its entirety inclusive and not by truncated or isolated passages thereof. Due consideration must be accorded to all the questions propounded to the witness and her answers thereto. The whole impression or effect of what had been said or done must be considered and not individual words or phrases alone. Moreover, rape xxx causes deep psychological wounds, often forcing the victim's conscience or subconscious to forget the traumatic experience xxx. A rape victim cannot thus be expected to keep an accurate account and remember every ugly detail of the appalling and horrifying outrage perpetrated on her especially since she might in fact have been trying not to remember them. xxx Error-free testimony cannot be expected most especially when a young victim of rape is recounting details of a harrowing experience, one which even an adult would like to bury in oblivion deep in the recesses of her mind xxx. Moreover, a rape victim testifying in the presence of strangers, face to face with her tormentor and being cross-examined by his hostile and intimidating lawyer would be benumbed with tension and nervousness and this can affect the accuracy of her testimony. xxx [A]mple margin of error and understanding should be accorded to a young victim of a vicious crime like rape. [51] | |||||