This case has been cited 3 times or more.
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2000-06-27 |
MENDOZA, J. |
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| In view of the above, we find Rolando de Lara guilty of the crime of forcible abduction with rape, while Magno Tamares, Carlito Villas and Eduardo Villas guilty of grave coercion. In like manner, only Rolando de Lara should be made liable for the amount of P50,000.00 which accused-appellants were ordered to pay as indemnity and the costs of the suit. In addition, he must likewise pay complainant the amount of P50,000.00 as moral damages. Moral damages is to be given in rape cases even if there is neither allegation nor evidence presented as basis therefor.[46] | |||||
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2000-04-12 |
MENDOZA, J. |
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| The test is whether the threat or intimidation produces a reasonable fear in the mind of the victim that if she resists or does not yield to the desires of the accused, the threat would be carried out. Where resistance would be futile, offering none at all does not amount to consent to the sexual assault.[24] It is not necessary that the victim should have resisted unto death or sustained physical injuries in the hands of the rapist. It is enough if the intercourse takes place against her will or if she yields because of genuine apprehension of harm to her if she did not do so.[25] Indeed, the law does not impose upon a rape victim the burden of proving resistance.[26] Slx | |||||
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2000-01-28 |
KAPUNAN, J. |
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| A : When my mother came back, my father was already detained.[7] It must be remembered, though, that the complaining witness is an eight year-old child compelled to relive in court the trauma she suffered in the hands of a man whom she called "father." Indeed, the burden on any woman under the same situation would be immense, and for a child like complainant, unimaginable. Accordingly, the child witness cannot be expected to give a precise response to every question posed to her. Her failure to give an answer to the point, considering her age, does not make her a witness less worthy of belief. When an alleged victim of rape says that she was violated, she says in effect all that is necessary to show that rape had been inflicted on her, and so long as her testimony meets the test of credibility, the accused may be convicted on the basis thereof.[8] We find no reason in this case to disturb the following assessment of the trial court regarding the credibility of complainant:After going over the evidence on record, the Court believes that the guilt of the accused has been amply established by the prosecution. The rape victim/complainant, an 8-year old child, categorically narrated in court how she was sexually abused by the accused, her common-law father. Innocently, she gave her account from the time the accused undressed her to the time when she was deflowered. The court is convinced she could not have told the court such a horrible experience from the hands of her common-law father had said incident not really happened. In rape cases, the accused may be convicted solely on the basis of the complainant's testimony provided that the same is credible and convincing. The court finds no reason to doubt the testimony of the victim. No woman, especially of tender age would concoct a story of defloration, allows an examination of her private parts and thereafter pervert herself by being subject to a public trial, if she was not motivated solely by the desire to have the culprit apprehended and punished (People vs. Guilbao, 217 SCRA 64). The court cannot help but give full credit to the testimony of Zenaida Bacule, an 8-year old barrio lass, who in all her childhood innocence and naivety could not have concocted rape charges against the accused who treated her like his child if the sexual assault upon her were not true. The accused being her common-law father, whom she gave respect as her real father, has moral ascendancy and influence over her. She could do nothing but submit to the bestial desires of the accused, especially so that the latter had pointed a knife on her neck which scared her. One cannot expect an 8-year old young girl to act like an adult who would have the courage and intelligence to disregard a threat to her life.[9] | |||||