This case has been cited 3 times or more.
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2014-09-17 |
PEREZ, J. |
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| For instance, Ramos testified that the presence of dogs and the cramped space in the comfort room precludes rape. However, no rule exists that rape can be committed only in seclusion.[24] And while usually, rape is committed in relative isolation or even secrecy,[25] we have found, in other instances, that venues of rape vary and sometimes include inside a house where there were other occupants,[26] and even in a small room where other family members also sleep.[27] Certainly, we are not wont to sustain Ramos' defense that there were other members of his household sleeping inside the house who would have heard him while he raped AAA, or that the house had no division which discourages the commission of rape. | |||||
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2013-09-25 |
REYES, J. |
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| Under Article 266-A(1)(a) of the Revised Penal Code, as amended, rape is committed when: (1) the offender had carnal knowledge of a woman; and (b) that the same was committed by using force and intimidation.[9] In this case, the prosecution's evidence established that Cedenio was able to forcibly have carnal knowledge of AAA on October 20, 2004 after he poked her with a knife and threatened to kill her. The Court, like the CA, cannot sustain Cedenio's claim that AAA's lack of physical resistance is not a normal behavior in such cases. "Physical resistance need not be established in rape cases when intimidation is exercised upon the victim who submits against her will because of fear for her life and personal safety."[10] If a knife on one's side is not a sufficient source and cause of fear, then what is? | |||||
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2011-03-23 |
BRION, J. |
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| We find that the CA correctly downgraded the appellant's offense to simple rape due to the prosecution's failure to present AAA's birth certificate or other authentic document (such as a baptismal certificate), and to make a positive and unequivocal manifestation that AAA was indeed five years old at the time of the incident.[17] Accordingly, the appellant can only be sentenced to suffer the penalty of reclusion perpetua. In line with prevailing jurisprudence,[18] the award of P25,000.00 as exemplary damages must be increased to P30,000.00. | |||||