This case has been cited 3 times or more.
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2010-09-29 |
PEREZ, J. |
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| Private complainant did not immediately inform her mother about the incident. However, it is not unusual for a victim immediately following the sexual assault to conceal at least momentarily the incident, for it is not uncommon for a victim of rape to be intimidated into silence and conceal for sometime the violation of her honor, even by the mildest threat on her life.[33] To recall, accused-appellant had threatened her not to tell anybody about the incident. | |||||
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2001-01-22 |
YNARES-SANTIAGO, J. |
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| Jurisprudence has established that delay in revealing the commission of rape is not an indication of a fabricated charge.[29] The charge of rape is rendered doubtful only if the delay was unreasonable and unexplained.[30] It is significant to note that private complainant suffered a traumatic experience. In fact, when responding policemen first saw her at the store, she was covered with blood, running disorientedly and babbling incoherently.[31] Furthermore, it is not unusual for a rape victim immediately following the sexual assault to conceal at least momentarily the incident.[32] Thus it was only when the victim's employer, Teresita Cua, visited the former that she mustered enough courage to narrate the harrowing event. Given the stigma of rape, it is but natural for the private complainant to initially keep the shame of her ravishment to herself. In fact, some victims would prefer to suffer in silence than come out in the open and expose the stain of their defilement to the harsh glare of public scrutiny.[33] | |||||
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2000-05-31 |
PUNO, J. |
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| The fact of the minority of the victim was not stated in the Information. Only the relationship of the victim as the daughter of the offender was alleged therein. The rule is that the elements of minority of the victim and her relationship to the offender must concur. The failure to allege one of these elements precludes the imposition of the death penalty. We held in the case of People vs. Abella:[25] | |||||