This case has been cited 6 times or more.
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2014-06-18 |
REYES, J. |
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| The Court is very much aware that "[t]he essence of rape is carnal knowledge of a female either against her will (through force or intimidation) or without her consent (where the female is deprived of reason or otherwise unconscious, or is under 12 years of age, or is demented). It is relevant to know that carnal knowledge is simply the act of a man having sexual bodily connections with a woman."[19] Thus, even if there are no lacerations or the lacerations are old and healed, the fact of rape can still be proven by other evidence. Nonetheless, the Court is wary of applying these principles, in light of the unique factors attendant to this case. | |||||
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2014-06-04 |
LEONARDO-DE CASTRO, J. |
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| In this case, the OSG succinctly put things in perspective when it argued that "[AAA] could hardly be faulted for behaving as she did. Being in her early years, and [accused-appellant] exercising moral ascendancy over her, she could not be expected to go against his orders, especially when the history of violence between them is considered. Such history has instilled fear upon her which started since she was still a child x x x her passive submission to the sexual act will neither mitigate nor absolve [accused-appellant] from liability." In any case, with such shocking and horrifying experience, it would not be reasonable to impose upon AAA any standard form of reaction, especially at such tender age. Time and again, this Court has recognized that different people react differently to a given situation involving a startling occurrence.[37] The workings of the human mind placed under emotional stress are unpredictable, and people react differently - some may shout, others may faint, and still others may be shocked into insensibility even if there may be a few who may openly welcome the intrusion.[38] More to the point, physical resistance is not the sole test to determine whether a woman involuntarily succumbed to the lust of an accused.[39] | |||||
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2014-02-12 |
LEONARDO-DE CASTRO, J. |
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| Firstly, the appeal of appellant Jastiva centers on the credibility of AAA, the main prosecution witness. But credibility of a witness is the sole province of the RTC being the trial court in this case. Basic is the rule that the findings of fact of the trial court on matters of credibility of witnesses are generally conclusive on this Court, which is not a trier of facts. Such conclusiveness derives from the trial court's having the first-hand opportunity to observe the demeanor and manner of the victim when he/she testified at the trial.[42] Undeniably, the calibration of the testimony of a witness, and the assessment of the probative weight thereof, are virtually left, almost entirely, to the trial court which has the opportunity to observe the demeanor of the witness at the stand. Unless there are substantial matters that might have been overlooked or discarded, generally, the findings of the trial court as to the credibility of a witness will not be disturbed on appeal.[43] The foregoing is especially true when such findings are affirmed by the appellate court. In this case, with appellant Jastiva not showing that the RTC and the Court of Appeals overlooked any fact or material of consequence that could have altered the outcome had they taken it into consideration, this Court will not disturb on appeal the RTC's findings of fact, but must fully accept the same. | |||||
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2014-02-12 |
LEONARDO-DE CASTRO, J. |
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| In this case, appellant Jastiva insistently makes an issue out of AAA's failure to shout for help or struggle against him, which for him does nothing but erode her credibility. This Court, however, does not agree. It does not follow that because AAA failed to shout for help or struggle against her attacker means that she could not have been raped. The force, violence, or intimidation in rape is a relative term, depending not only on the age, size, and strength of the parties but also on their relationship with each other.[45] And physical resistance need not be established in rape when intimidation is exercised upon the victim and the latter submits herself against her will to the rapist's advances because of fear for her life and personal safety.[46] Record disclose that in this case, AAA was already 67 years of age when she was raped in the dark by appellant Jastiva who was armed with a knife. Justifiably, a woman of such advanced age could only recoil in fear and succumb into submission. In any case, with such shocking and horrifying experience, it would not be reasonable to impose upon AAA any standard form of reaction. Time and again, this Court has recognized that different people react differently to a given situation involving a startling occurrence.[47] The workings of the human mind placed under emotional stress are unpredictable, and people react differently - some may shout, others may faint, and still others may be shocked into insensibility even if there may be a few who may openly welcome the intrusion.[48] | |||||
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2012-09-19 |
BERSAMIN, J. |
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| Thirdly, the conviction of Lupac for rape is upheld despite AAA's minority under 12 years not being competently proved. This is because the information also properly charged him with raping AAA by its express averment that the carnal knowledge of her by him had been "against her will and consent." The essence of rape is carnal knowledge of a female either against her will (through force or intimidation) or without her consent (where the female is deprived of reason or otherwise unconscious, or is under 12 years of age, or is demented).[17] The Prosecution showed during the trial that AAA had been asleep when he forced himself on her. Such showing competently established the rape thus charged, as defined by paragraph 1 of Article 266-A, Revised Penal Code,[18] for AAA, being unconscious in her sleep, was incapable of consenting to his carnal knowledge of her. Indeed, the Court has uniformly held in several rulings that carnal knowledge of a female while she was asleep constituted rape.[19] | |||||