This case has been cited 2 times or more.
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2000-06-16 |
BUENA, J. |
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| x x x x x x x x x" The above-quoted portion provides, inter alia, that where the victim of the crime of rape is under eighteen (18) years of age and the offender is a parent of the victim, the death penalty shall be imposed. This is among the seven (7) circumstances enumerated in Section 11, which, as we have held in the case of People vs. Garcia,[16] are considered special qualifying circumstances specifically applicable to the crime of rape. In Garcia, this Court en banc declared that "although the crime is still denominated as rape, such circumstances have changed the nature of simple rape by producing a qualified form thereof punishable by the higher penalty of death. We reiterated this ruling in subsequent en banc cases of People vs. Ramos[17] People vs. Leopoldo Ilao,[18] People vs. Omar Medina,[19] and People vs. Artemio Calayca,[20] with further pronouncement that these seven new attendant circumstances introduced in Section 11 of R.A. No. 7659 "partake of the nature of qualifying circumstances and not merely aggravating circumstances," since the said qualifying circumstances are punishable by the single indivisible penalty of death and not reclusion perpetua to death. | |||||
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2000-01-20 |
YNARES-SANTIAGO, J. |
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| Accused-appellant's first contention is without merit. A scrutiny of the trial court's decision belies the allegation that the trial court heavily relied on accused-appellant's letter admitting his guilt. On the contrary, it based its decision on the complaining witness's testimony which it found to be "frank, sincere and straightforward." In rape cases, the accused may be convicted solely on the testimony of the victim, provided that such testimony is credible, natural, convincing and consistent with human nature and the normal course of things. This is so because by its very nature, rape is committed with the least possibility of being seen by the public. In fact, the presence of eyewitnesses could even raise serious doubts of its commission.[5] | |||||