This case has been cited 2 times or more.
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2007-04-13 |
CHICO-NAZARIO, J. |
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| A: Na papatayin po niya ang Mama ko at kapatid po.[22] As regards the proximity of the adjoining rooms to the place of the alleged commission of the offense, this Court has consistently ruled that rape can be committed even in places where people congregate in parks, within school premises, inside a house where there are other occupants, and even in the same room where other family members are sleeping.[23] Lust is no respecter of time, place or kinship.[24] In contrast, there is no rule that rape can be committed only in seclusion.[25] | |||||
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2003-05-05 |
BELLOSILLO, J. |
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| Q: When was it that he was able to insert his penis into your vagina? A: Last April 1997 COURT: Q: What was your age at that time A: 11 years old. PROSECUTOR: Q: Now, you said that you were last raped in April 1997, where did it happen? A: At Inayawan, Pardo. Q: Can you tell this Honorable Court how come that you and your father were at Inayawan, Pardo, Cebu City? A: At first, he told me we would go to the house of my uncle. Q: Where did he tell that he would bring you to your uncle's house? A: At that time when he told me I was in Mandaue. He even slapped me because I didn't want to go with him to my uncle's house x x x x Q: You said at that time then your father told you that he would bring you to your uncle's house. In effect, did he bring you to your uncle's house? A: No, ma'am. Q: Where did he bring you? A: At the seashore. Q: Do you know where that seashore was located? A: Yes, ma'am. Q: Where, in what seashore? In what place? A: In that seashore, there are stores. There is a grassy portion before the seashore. Q: When he brought you there, what did he do to you? A: He pulled me. Q: And after pulling you? A: He forced me to lie down. Q: After he forced you to lie down, what did he do to you? A: He lied (sic) on my stomach. Q: What was he wearing at that time? A: Trousers. And afterwards, he removed my trousers. Q: x x x x Was that all he removed? A: Yes, ma'am. Q: What about the panty, What did he do? A: The trousers and the panty. But the t-shirt, he did not remove. Q: You mean to tell us, you were completely naked? A: Only the trousers and panty. Q: Now, when your father forcibly removed your trousers and your panty, what did you do? A: At that time, when he forcibly removed my trousers and panty, I cried but nobody could hear me because it was an uninhabited place and we were the only two persons there, and then he inserted his penis into my vagina. I cried because of the pain. Q: You said when he inserted his penis into your vagina, you cried because of the pain. Now, can you tell this Honorable Court how long did he insert his penis into your vagina? A: I could not recall because I was crying at that time. [46] Too, a daughter of tender age, like Rowena who was barely eleven (11) to twelve (12) then, would not accuse her own father had she not been truly subjected to the pain and harrowing experience of sexual abuse she testified to under oath.[47] For, it would take the most senseless mind or a certain amount of moral and psychological depravity for a young daughter to concoct a story which could put her own father to jail for the rest of his remaining life, if not death, and drag the rest of the family including herself to a lifetime of shame.[48] | |||||