This case has been cited 4 times or more.
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2009-04-07 |
BRION, J. |
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| To take advantage of superior strength means to purposely use excessive force out of proportion to the means of defense available to the person attacked.[108] Taking advantage of superior strength does not mean that the victim was completely defenseless.[109] | |||||
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2004-01-13 |
TINGA, J, |
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| Article 335 of the Revised Penal Code provides that whenever the crime of rape is committed with the use of a deadly weapon the penalty is reclusion perpetua to death. The use by the appellants of a bladed weapon, alleged in the Amended Complaint and sufficiently proven in this case, qualifies the rape.[40] In the absence of any mitigating or aggravating circumstance, the penalty that the appellants shall suffer is the lesser penalty of reclusion perpetua.[41] | |||||
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2001-10-05 |
QUISUMBING, J. |
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| It is an entrenched jurisprudential rule that when the issue is on the credibility of witnesses, appellate courts will generally not disturb the findings of the trial court[47] on the ground that it had the advantage of having observed closely the demeanor and conduct of the witnesses. Aside from this, we are also guided by the following principles in reviewing rape cases: (1) an accusation of rape can be made with facility, but it is difficult to prove and even more difficult to disprove; (2) considering that only two persons are usually involved in the crime, the testimony of the complainant should be scrutinized with great caution; and (3) the evidence for the prosecution must stand or fall on its own merit, and cannot draw strength from the weakness of the evidence for the defense.[48] With these in mind and after thoroughly reviewing the records of this case, we entertain no doubt that appellant committed the crime charged. | |||||
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2000-05-11 |
QUISUMBING, J. |
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| The imposable penalty for rape under Article 335 of the Revised Penal Code, as amended by R.A. No. 7659, is reclusion perpetua. But where the rape is committed with the use of deadly weapon or by two or more persons, the imposable penalty ranges from reclusion perpetua to death. The use of the bladed weapon already qualified the rape.[8] Under Article 63 of the Revised Penal Code, the crucial factor in determining whether appellant should be meted the death penalty is the presence of an aggravating circumstance which attended the commission of the crime.[9] A perusal of the record shows that none of the aggravating circumstances enumerated in Article 14 of the Revised Penal Code was alleged and proven by the prosecution. Where there is no aggravating circumstance proved in the commission of the offense, the lesser penalty shall be applied. | |||||