This case has been cited 3 times or more.
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2013-06-03 |
BRION, J. |
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| "AAA" having positively identified the assailant to be the appellant and no other, the latter's proffered defense of denial must fail. "Denial could not prevail over the victim's direct, positive and categorical assertion."[27] As to his alibi, appellant failed to substantiate the same with clear and convincing evidence. The plane tickets he submitted in evidence to show that he was in other places during the incidents are irrelevant. As correctly observed by the RTC, the tickets were all issued in 1994 while the incidents subject of the Informations charging appellant with rape transpired from 1996 to 1999. Thus, appellant's alibi being uncorroborated and unsubstantiated by clear and convincing evidence, is self- serving and deserves no weight in law. | |||||
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2012-10-17 |
LEONARDO-DE CASTRO, J. |
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| Sexual intercourse with a girl below 12 years old is referred to as statutory rape which, as stated earlier, is penalized under Article 335 of the Revised Penal Code. In this type of rape, force and intimidation are immaterial since the only subject of inquiry is (1) the age of the woman, and (2) whether carnal knowledge took place.[12] | |||||
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2011-10-19 |
PERALTA, J. |
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| However, as aptly held by the CA, we cannot impose the death penalty in view of RA 9346, and thus impose the lesser penalty of reclusion perpetua for the four counts of rape committed against AAA and BBB. Appellant shall also not be eligible for parole.[69] | |||||