This case has been cited 3 times or more.
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2009-06-05 |
VELASCO JR., J. |
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| Anguac's claim that it is impossible for AAA's young siblings sleeping beside or near her not to be awakened while she was allegedly being rape is untenable. Lust, being a very powerful human urge, is, to borrow from People v. Bernabe, "no respecter of time and place."[12] Rape can be committed in even the unlikeliest places and circumstances, and, as recent jurisprudence shows, by the most unlikely persons. The fact that AAA's siblings were not awakened at the time she was ravished is not improbable. We have observed in more than one occasion that rape could take place in the same room where other members of the family were sleeping;[13] that it is not impossible to commit rape in a small room even if there are several persons in it.[14] We have taken judicial notice of the fact that among poor couples with big families cramped in small quarters, copulation does not seem to be a problem despite the presence of other persons.[15] | |||||
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2008-04-08 |
CHICO-NAZARIO, J. |
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| As regards the initial delay of the victim in reporting the rape incident, suffice it to state that the delay in revealing the commission of rape is not an indication of a fabricated charge.[51] It is not uncommon for a young girl to conceal for some time the assault on her virtue.[52] Her hesitation may be due to her youth, the moral ascendancy of the ravisher, and the latter's threats against her. In the case at bar, the victim's fear of her father who had moral ascendancy over her, was explicit. Such reaction is typical of a thirteen-year-old girl and only strengthens her credibility. | |||||
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2003-09-03 |
SANDOVAL-GUTIERREZ, J. |
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| For his part, appellant assails Marites' inaction in reporting the crime for more than one year. It is not uncommon for young girls to conceal for some time the assault against their virtue.[19] Barely out of childhood, Marites could be easily intimidated and cowed into silence.[20] While it is true that it took her a long time to report her defloration, it must be stressed that she was merely 10 years old when she was subjected to bestial abuse. Afraid and with no family to assist her, she could not report the incident to the authorities. It was only when her grandaunt took care of her that she had the courage to do so. Under the circumstances, it is unreasonable to judge her action by the norms of behavior expected of mature individuals.[21] The delay in reporting the incident of rape ought not to be taken against her and cannot be used to weaken her credibility. | |||||