This case has been cited 5 times or more.
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2015-01-21 |
LEONEN, J. |
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| Petitioner's reliance on the medico-legal's findings deserves scant consideration.[60] The Comment quoted People v. Penilla[61] in that "[a] medical examination of the victim is not indispensable in a prosecution for rape inasmuch as the victim's testimony alone, if credible, is sufficient to convict the accused of the crime."[62] In any case, the medico-legal testified on the sphincter's flexibility and how an insertion into the anal orifice would not necessarily cause injury.[63] | |||||
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2014-02-19 |
LEONARDO-DE CASTRO, J. |
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| [PROSECUTOR MERIN] Q Where were you on March 12, 2002 when raped again by the accused? A I was tethering a carabao. x x x x Q When you were trying to bring that carabao what happened tell the court? A At that time when I was able to bring the carabao to be fed I saw him. Q Whereat did you see him? A A He was on the foot trail. x x x x Q When you saw the accused on your way to tether the carabao of your lola, what did the accused do [to] you? A He drew nearer to me. Q After he drew nearer to you, what did he do next? A He poked a knife [at] me. x x x x Q After you were poked by that knife by the accused, what else happened? A He said, "Keep quiet, don't talk." Q After he said that what next happened? A He made me to (sic) lie. Q Whereat? A When he poked his knife at me he held my upper arms. Q Were you already lying? A He pushed me and I was made to lie. Q You mean on the roadside? A No, at the sala of the house of my grandmother. Q You mean you were led to the house of your Lola? A No sir. Q Where were you brought? A At that time when I was able to bring the carabao to be [fed] when I saw him I ran back to the house of my grandmother. x x x x Q And when you were already inside the house of your Lola what happened, tell the Court? A He was already there. x x x x Q After your skirt was raised up by the accused, what did the accused do next, tell the Court? A He took off my panty. x x x x Q Did you not prevent Mervin from taking off your panty? A No sir. Q Why did you not wrestle out? A I am afraid because of the knife. x x x x Q After he took off his brief, what did accused do, tell the Court? A He laid himself on top of me. Q After he laid himself on top of you, what else did he do? A He inserted his penis [in]to my vagina. x x x x Q Was he successful in inserting his penis [in]to your vagina? A Yes sir. Q After inserting his penis [in]to your vagina, what else did accused do to his penis? A He kept on pumping himself, meaning making a going and out movement. Q You mean he was making in and out movement of (sic) your vagina? A Yes, sir. Q Was he able to reach ejaculation? A Blood. Q You mean blood came out? A Yes, sir. Q From where? A From my vagina.[12] Appellant questions the weighty trust placed by the trial court on the singular and uncorroborated testimony of AAA as the basis for his conviction. On this point, we would like to remind appellant that it is a fundamental principle in jurisprudence involving rape that the accused may be convicted based solely on the testimony of the victim, provided that such testimony is credible, natural, convincing and consistent with human nature and the normal course of things.[13] | |||||
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2013-12-11 |
LEONARDO-DE CASTRO, J. |
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| In a prosecution for rape, we have consistently held that 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] We likewise emphasized in jurisprudence that, by the very nature of the crime of rape, conviction or acquittal depends almost entirely on the credibility of the complainant's testimony because of the fact that, usually, only the participants can directly testify as to its occurrence.[14] | |||||
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2013-11-27 |
LEONARDO-DE CASTRO, J. |
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| Unsurprisingly, the credibility of the rape victim's testimony is a recurring crucial factor in the resolution of a case of rape. In fact, we have held that, in rape cases, the accused may be convicted based solely on the testimony of the victim, provided that such testimony is credible, natural, convincing and consistent with human nature and the normal course of things.[12] | |||||
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2013-10-02 |
LEONARDO-DE CASTRO, J. |
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| As to the award of damages, the grant to Ana of P30,000.00 civil indemnity, P30,000.00 moral damages and P30,000.00 exemplary damages for the rape by sexual assault committed against her is proper.[51] Likewise, the amounts of P50,000.00 civil indemnity, P50,000.00 moral damages and P30,000.00 exemplary damages for the rape by sexual intercourse committed against her are proper and conform with current case law.[52] These amounts shall be subject to legal interest at the rate of six percent (6%) per annum from the date of finality of this judgment until fully paid, pursuant to prevailing jurisprudence.[53] | |||||