This case has been cited 2 times or more.
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2009-02-23 |
AUSTRIA-MARTINEZ, J. |
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| Furthermore, the Court has held in a line of cases that long silence and delay in reporting the crime of rape have not always been construed as indications of a false accusation.[44] This principle applies with greater force where, as in this case, the victims were of tender age at the time of the rape incidents and were therefore susceptible to intimidation and threats of physical harm, especially from a close relative.[45] Contrary to appellant's claim that the victims were not threatened, AAA testified that everytime appellant raped her and she tried to shout, the former spanked her;[46] that she developed a feeling of fear every time her father was around.[47] Furthermore, AAA's failure to immediately inform anyone of her ordeal in the hands of her father was understandable, considering that at her very tender age she had as yet no idea that what appellant was doing to her was a crime. As testified to by AAA, it was only when she was 12 years old that she came to understand that she was being sexually abused by her father.[48] BBB testified, on the other hand, that appellant told her not to tell anybody about what he did to her; otherwise, he would hit her.[49] | |||||
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2007-11-23 |
NACHURA, J. |
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| An information is valid as long as it distinctly states the elements of the offense and the acts or omissions constitutive thereof.[15] The precise time or date of the commission of an offense need not be alleged in the complaint or information, unless it is an essential element of the crime charged. In rape, it is not.[16] The gravamen of rape is carnal knowledge of a woman through force and intimidation. In fact, the precise time when the rape takes place has no substantial bearing on its commission. As such, the date or time need not be stated with absolute accuracy. It is sufficient that the complaint or information states that the crime has been committed at any time as near as possible to the date of its actual commission.[17] | |||||