This case has been cited 1 times or more.
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2009-04-16 |
CHICO-NAZARIO, J. |
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| The incident occurred in a 1½-meter x 2-meter wooden bed with a 3-month-old baby inside a 3-meter x 3-meter room, while the rest of the children were sleeping in the dining room of a small house, which barely had a floor area of 40 square meters. While private complainant was struggling to repel the attack against her honor, her 3-month-old baby was crying loudly. However, this was not impossible, as lust respects no time and place. In People v. Agbayani,[24] the Court stated that "(t)he evil in man has no conscience. The beast in him bears no respect for time and place; it drives him to commit rape anywhere -- even in places where people congregate such as in parks, along the roadside, within school premises, and inside a house where there are other occupants." The crime of rape may be committed even when the rapist and the private complainant are not alone. Rape may take only a short time to consummate, given the anxiety of its discovery, especially when committed near sleeping persons. Oblivious to the goings on, thus, the court has held that rape is not impossible even if committed in the same room while the rapist's spouse is sleeping[25] or in a small room where other family members also sleep.[26] It was not impossible or incredible for the members of the complainant's family to be in deep slumber and not to be awakened while the brutish sexual assault on her was being committed.[27] | |||||