This case has been cited 2 times or more.
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2014-09-08 |
BERSAMIN, J. |
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| In People v. Perez,[26] we affirmed the conviction of the accused for rape based on circumstantial evidence, there being no direct proof of the sexual intercourse. The accused was charged with having carnal knowledge of the 16-year old victim through force, intimidation and against her will. The Prosecution established that he had entered the victim's room and had covered her nose and mouth with a chemically-laced cloth, causing her to lose consciousness. Upon waking up, she felt pain in her vagina, and she then saw blood and a white substance in her vagina. Her clothes were in disarray and her underwear was in the corner of the room. He was no longer around. Nonetheless, the Court held: Conviction for rape may be based on circumstantial evidence when the victim cannot testify on the actual commission of the rape as she was rendered unconscious when the act was committed, provided that more than one circumstance is duly proved and that the totality or the unbroken chain of the circumstances proven lead to no other logical conclusion than the appellant's guilt of the crime charged. Cristina's positive identification of the appellant as the person who came to the room where she slept one early morning towards the end of May 1994, and that he covered her nose and mouth with a foul smelling handkerchief until she lost consciousness, the blood and white substance she found on her vagina which ached the following morning, her torn shorts and her panty removed, all lead to one inescapable conclusion that the appellant raped her while she was unconscious.[27] | |||||
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2000-04-12 |
PUNO, J. |
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| The trial court found the victim's sincerity and candor to be free from suspicion. It observed that complainant was in tears while narrating her harrowing experience at the hands of appellant. The trial court's assessment of the credibility of this witness is accorded great respect and we are not inclined to disturb it absent a clear showing that a material or substantial fact has been overlooked or misappreciated which could alter the outcome of the case.[22] | |||||