This case has been cited 3 times or more.
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2013-10-02 |
LEONARDO-DE CASTRO, J. |
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| Jurisprudence states that carnal knowledge as an element of rape does not require full penetration since all that is necessary for rape to be consummated is for the penis of the accused to come into contact with the lips of the pudendum of the victim.[21] Moreover, it is equally settled that hymenal rupture, vaginal laceration or genital injury is not indispensable because the same is not an element of the crime of rape.[22] | |||||
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2013-09-18 |
LEONARDO-DE CASTRO, J. |
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| [PROSECUTOR] ALFORTE Q While you and the accused were inside the house, what happened? A He undressed me. Q In what part of the house the accused undressed you? Do you have a room? A There was a room. Q Were you undressed inside the room of that house? A Yes, sir. Q How about your younger brother, where was he at that time? A My younger brother cried. Q Where was he, inside or outside the bedroom? A Outside the bedroom. Q Was the accused armed at that time he undressed you? A Yes, sir. Q What kind of instrument? A A bolo. COURT Q What did he do with that bolo? A When I was already nude, he placed the bolo beside me. Q You told the court that you were told by the accused to undress yourself. Were you able to undress yourself? A He was the one [who] undressed me. Q Did he succeed in undressing you? A Yes, sir. Q Completely? A My shorts and my panty. Q After you were undressed by him, what did the accused do? A He unzipped his pants and put out his male organ. Q Did he tell you anything when he undressed you? A Yes, your Honor. Q What did he tell you? A He told me not to reveal this matter, because if I will reveal this to anybody, he is going to kill me. [PROSECUTOR] ALFORTE Q When the accused was already undressed and allow his penis to go out, what did he do next? A He held my breast and inserted his penis. COURT Q Can you tell us what was your position whether sitting, standing or what? A I was made to lie down. [PROSECUTOR] ALFORTE Q You want to impress the court… the Honorable Court when the accused inserted his male organ or penis, you were lying down? A Yes, sir. COURT Q On bed or on the floor? A On the floor. Q Did you cry when the accused inserted his penis in your vagina? A Yes, sir. Q Did you tell anything to the accused before he inserted his penis in your vagina? A Yes, sir. Q What did you tell him? A I told him it is painful. COURT Q You did not resist? A I did not resist because he is very strong. Q Where was the bolo at the time? A Beside me. x x x x [PROSECUTOR] ALFORTE Q Was it unsheathed from the scabbard? A [It] was unsheathed from the scabbard.[12] It is a settled doctrine in our jurisprudence that in a prosecution for rape, the accused may be convicted solely on the basis of the testimony of the victim that is credible, convincing, and consistent with human nature and the normal course of things.[13] It is likewise elementary that the issue of credibility of witnesses is resolved primarily by the trial court since it is in a better position to decide the same after having heard the witnesses and observed their conduct, deportment and manner of testifying; accordingly, the findings of the trial court are entitled to the highest degree of respect and will not be disturbed on appeal in the absence of any showing that it overlooked, misunderstood, or misapplied some facts or circumstances of weight or substance which would otherwise affect the result of the case.[14] In other words, as we have repeatedly declared in the past, the trial judge's evaluation, which the Court of Appeals affirmed, binds the Court, leaving to the accused the burden to bring to the Court's attention facts or circumstances of weight that were overlooked, misapprehended, or misinterpreted by the lower courts but would materially affect the disposition of the case differently if duly considered.[15] Unfortunately, appellant failed to discharge this burden. | |||||
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2013-09-18 |
REYES, J. |
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| It is imperative to award civil indemnity which is mandatory upon the finding that rape took place.[44] Considering that the crime committed is simple rape, there being no qualifying circumstances attendant in its commission, the appropriate amount is P50,000.00.[45] While there is no aggravating circumstance attendant in this case, an award of P30,000.00 as exemplary damages is still proper in order to deter similar conduct and to serve as an example for public good.[46] | |||||