This case has been cited 2 times or more.
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2009-10-13 |
NACHURA, J. |
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| It is noteworthy that appellant pulled AAA's leg, so that he could insert his penis into her vagina. This adequately shows that appellant employed force in order to accomplish his purpose. Moreover, in rape committed by a father against his own daughter, the former's moral ascendancy and influence over the latter may substitute for actual physical violence and intimidation. The moral and physical dominion of the father is sufficient to cow the victim into submission to his beastly desires, and no further proof need be shown to prove lack of the victim's consent to her own defilement.[40] | |||||
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2008-11-25 |
CARPIO MORALES, J. |
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| A review of the records of the cases shows that AAA's testimony has satisfactorily met the test of credibility. Why AAA would impute serious charges against him, appellant could not advance any reason. In the recent case of Campos v. People,[31] this Court once again reiterated the following well-settled rule:. . . [A] rape victim's testimony against her parent is entitled to great weight since, customarily, Filipino children revere and respect their elders. These values are so deeply ingrained in Filipino families that it is unthinkable for a daughter to concoct brazenly a story of rape against her father, if such were not true. Indeed, courts usually give greater weight to the testimony of a girl who fell victim to sexual assault, especially a minor, particularly in incestuous rape as in this case, because no woman would be willing to undergo a public trial and bear the concomitant shame, humiliation, and dishonor of exposing her own degradation were it not for the purpose of condemning injustice and ensuring that the offender is punished.[32] | |||||