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PEOPLE v. ALEXANDER SOAN Y BELARMINO

This case has been cited 1 times or more.

2000-11-20
BELLOSILLO, J.
Accused-appellant claims that another indication of voluntary sexual intercourse with Adora was the established circumstance that in the three (3) alleged rape incidents, he was not armed with a deadly weapon. Such circumstance is irrelevant. Adora's complete obedience to his commands, her lack of struggle against him, and the studied silence she kept about her terrible ordeal were all compelled by her genuine fear of  him who needed no weapon to instill it in her. In her mind, she was convinced of the real danger he posed  to her and her family.[27] Adora's dread  that sprang from the initial rape was magnified during the subsequent rape incidents.[28] The continuous threats on her overpowered and stifled any attempt to resist his sexual assault.[29] Moreover, she knew that accused-appellant was used to killing people and in Cavite where he hailed from, he was facing several criminal cases. She received this information from accused-appellant himself and her sister Maria Julieta.[30] This aspect of Adora's testimony was corroborated by her mother.  Even accused-appellant admitted that Maria Julieta had told Adora he was a suspect in crimes against persons in Cavite.[31]