This case has been cited 4 times or more.
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2015-07-08 |
PEREZ, J. |
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| AAA’s trustworthy account proved all the elements of rape as defined under Article 266-A of the Revised Penal Code, to wit: (1) the offender had carnal knowledge of the victim; and (2) such act was accomplished through force or intimidation; or when the victim is deprived of reason or otherwise unconscious; or when the victim is under 12 years of age.[26] The appellant in this case had sexual intercourse with AAA, which he accomplished through force, that is, with the use of a knife he threatened to kill AAA to make her succumb to his bestiality. Indubitably, the appellant committed the crime of rape against AAA. | |||||
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2015-04-20 |
PEREZ, J. |
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| d. When the offended party is under 12 years of age. (3) That the offended party is another person of either sex.[7] | |||||
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2015-02-25 |
PERALTA, J. |
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| Under the aforecited provision, the elements of rape are: (1) the offender had carnal knowledge of the victim; and (2) such act was accomplished through force or intimidation; or when the victim is deprived of reason or otherwise unconscious; or when the victim is under twelve years of age.[34] Here, the accused intentionally made AAA consume hard liquor more than she could handle. They still forced her to drink even when she was already obviously inebriated. They never denied having sexual intercourse with AAA, but the latter was clearly deprived of reason or unconscious at the time the private respondents ravished her. The CA, however, readily concluded that she agreed to the sexual act simply because she did not shout or offer any physical resistance, disregarding her testimony that she was rendered weak and dizzy by intoxication, thereby facilitating the commission of the crime.[35] The appellate court never provided any reason why AAA's testimony should deserve scant or no weight at all, or why it cannot be accorded any credence. In reviewing rape cases, the lone testimony of the victim is and should be, by itself, sufficient to warrant a judgment of conviction if found to be credible. Also, it has been established that when a woman declares that she has been raped, she says in effect all that is necessary to mean that she has been raped, and where her testimony passes the test of credibility, the accused can be convicted on that basis alone. This is because from the nature of the offense, the sole evidence that can usually be offered to establish the guilt of the accused is the complainant's testimony itself.[36] The trial court correctly ruled that if AAA was not truthful to her accusation, she would not have opened herself to the rough and tumble of a public trial. AAA was certainly not enjoying the prying eyes of those who were listening as she narrated her harrowing experience.[37] | |||||
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2013-01-30 |
LEONARDO-DE CASTRO, J. |
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| On the matter of the credibility of witnesses, recently in People v. Padigos,[19] we reiterated a long held principle that the Court gives great weight to the trial court's assessment. We held that "the trial court's finding of facts is even conclusive and binding if it is not shown to be tainted with arbitrariness or oversight of some fact or circumstance of weight and influence. The wisdom behind this rule is that the trial court had the full opportunity to observe directly the witnesses' deportment and manner of testifying, thus, it is in a better position than the appellate court to properly evaluate testimonial evidence."[20] | |||||