This case has been cited 8 times or more.
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2008-09-12 |
VELASCO JR., J. |
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| Moreover, complainant could not be faulted for initially concealing the truth from her schoolmates and teacher as she was, at that time, still overcome by shock and fear. It must be emphasized that there is no standard form of reaction for a woman, much more a minor, when confronted with a horrifying experience such as a sexual assault.[19] The actions of children who have undergone traumatic experience should not be judged by the norms of behavior expected from adults when placed under similar circumstances.[20] | |||||
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2007-06-25 |
CHICO-NAZARIO, J. |
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| The fact that AAA could not tell whether appellant was naked from waist down during the rape does not succor the latter' cause. Rape victims do not cherish keeping in their memory an accurate account of the manner in which they were sexually violated.[40] Thus, errorless recollection of a harrowing experience cannot be expected of a witness, especially when she is recounting details from an experience so humiliating and painful as rape.[41] In addition, rape victims, especially child victims, should not be expected to act the way mature individuals would when placed in such a situation.[42] Hence, AAA should not and cannot be expected to remember with precision whether appellant was naked from the waist down at the time of the rape. Further, such information is immaterial, as it has nothing to do with the elements of rape. | |||||
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2007-04-27 |
CALLEJO, SR., J. |
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| The victim is entitled to moral damages without need of proof other than the fact of the rape itself because it is assumed that the victim has suffered moral injuries entitling her to such an award.[47] Thus, the award of P50,000.00 in moral damages is in order. | |||||
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2007-04-27 |
CARPIO MORALES, J. |
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| In the case of AAA and of CCC, the Informations alleged that accused-appellant is their stepfather. It appears, however, that he was, at the time of the rapes, only the common-law spouse of their mother. The relationship of stepfather presupposes a legitimate relationship. A stepfather is the husband of one's mother by virtue of a marriage subsequent to that of which the person spoken of is the offspring.[49] | |||||
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2007-02-27 |
TINGA, J. |
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| There is no hard and fast rule as to how a judge may conduct a "searching inquiry," or as to the number and character of questions he may ask the accused, or as to the earnestness with which he may conduct it, since each case must be measured according to its individual merit.[28] However, the logic behind the rule is that courts must proceed with caution where the imposable penalty is death for the reason that the execution of such a sentence is irrevocable and experience has shown that innocent persons have at times pleaded guilty.[29] An improvident plea of guilty on the part of the accused when capital crimes are involved should be avoided since he might be admitting his guilt before the court and thus forfeit his life and liberty without having fully comprehended the meaning and import and consequences of his plea.[30] Moreover, the requirement of taking further evidence would aid this Court on appellate review in determining the propriety or impropriety of the plea.[31] | |||||
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2007-02-27 |
TINGA, J. |
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| There is no hard and fast rule as to how a judge may conduct a "searching inquiry," or as to the number and character of questions he may ask the accused, or as to the earnestness with which he may conduct it, since each case must be measured according to its individual merit.[28] However, the logic behind the rule is that courts must proceed with caution where the imposable penalty is death for the reason that the execution of such a sentence is irrevocable and experience has shown that innocent persons have at times pleaded guilty.[29] An improvident plea of guilty on the part of the accused when capital crimes are involved should be avoided since he might be admitting his guilt before the court and thus forfeit his life and liberty without having fully comprehended the meaning and import and consequences of his plea.[30] Moreover, the requirement of taking further evidence would aid this Court on appellate review in determining the propriety or impropriety of the plea.[31] | |||||
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2007-02-27 |
TINGA, J. |
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| (7) The trial judge must satisfy himself that the accused, in pleading guilty, is truly guilty. The accused must be required to narrate the tragedy or reenact the crime or furnish its missing details.[33] An examination of the records of the proceedings will illustrate the court's treatment of appellant's change of plea, viz:Atty. Cagaanan: | |||||
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2006-09-08 |
TINGA, J. |
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| The contention is neither novel nor persuasive. There is no standard form of behavior that can be expected of rape victims after they have been defiled because people react differently to emotional stress.[44] Nobody can tell how a victim of sexual aggression is supposed to act or behave after her ordeal.[45] Certainly, it is difficult to predict in every instance how a person - especially a 6-year old child, as in this case - would react to a traumatic experience.[46] It is not proper to judge the actions of rape victims, especially children, who have undergone the harrowing experience of being ravished against their will by the norms of behavior expected under such circumstances from mature persons.[47] Indeed, the range of emotions shown by rape victims is yet to be captured even by calculus.[48] It is thus unrealistic to expect uniform reactions from them.[49] In fact, the Court has not laid down any rule on how a rape victim should behave immediately after her ravishment.[50] | |||||