This case has been cited 5 times or more.
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2001-03-01 |
BELLOSILLO, J. |
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| Messeah's failure to reveal the sexual abuses to her mother does not taint her credibility. Her silence was impelled by both fear for her life and shame for the degradation that had befallen her. It is not uncommon for a young girl of tender age to be intimidated into silence by the mildest threat against her life. Silence is not an odd behavior of a rape victim.[19] In fact, the burden of keeping such a secret took its toll on her health. Jose Noli testified that when he arrived for a vacation in August 1993, he noticed that his children looked blank and pale, especially Messeah who looked thin, complained of dizziness and headaches and sometimes threw up. He and his wife had brought Messeah to several doctors, before one finally diagnosed Messeah as suffering from nervous breakdown and psychological trauma.[20] | |||||
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2000-08-31 |
DAVIDE JR., C.J. |
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| external injuries does not negate rape.[19] Even CAMILO's claim that the sperm found in the vagina of NIA was not his because he has undergone vasectomy, is inconsequential. The absence of spermatozoa is not an essential element of rape.[20] This is because in rape, the important consideration is not the emission of semen but the penetration of the female genitalia by the male organ.[21] The alleged inconsistencies in the testimony of NIA, pointed out by CAMILO, namely: the place of residence of her parents; the presence of her brother at the time of the commission of the act; the culpability of somebody other than CAMILO, i.e., a certain Candido Cellan, and | |||||