Lawyerly

GR No. 175595

2010-07-28

LEONARDO-DE CASTRO, J.

A rape victim, who testifies in a categorical, straightforward, spontaneous and frank manner, and remains consistent, is a credible witness.[49] Moreover, when the offended parties are young and immature girls, as in this case, where the victim was only nine years old at the time the rape was committed, courts are inclined to lend credence to their version of what transpired, not only because of their relative vulnerability, but also because of the shame and embarrassment to which they would be exposed by court trial, if the matter about which they testified were not true.[50]

GR No. 186496

2009-08-27

PEOPLE v. DANTE GRAGASIN Y PAR

CHICO-NAZARIO, J.

A rape victim, who testifies in a categorical, straightforward, spontaneous and frank manner, and remains consistent, is a credible witness.[17] Moreover, when the offended party is a young and immature girl, as in this case, where the victim was barely 9 years old at the time the rape was committed, courts are inclined to lend credence to their version of what transpired, not only because of their relative vulnerability, but also because of the shame and embarrassment to which they would be exposed by court trial, if the matter about which they testified were not true.

GR No. 176348

2009-04-16

PEOPLE v. DIONISIO CABUDBOD Y TUTOR

QUISUMBING, J.

Finally, the Sinumpaang Salaysay (Salaysay ng Pag-urong ng Demanda)[47] dated June 1, 2005 executed by AAA deserves scant consideration. An affidavit of desistance is not looked upon with favor on appeal following a conviction, let alone as being the sole consideration for the reversal of that conviction. There must be other circumstances which, when coupled with retraction or desistance, create doubts on the veracity of the testimony given by witnesses during the trial.[48] As we have discussed earlier, the records do not here cast such doubts.

GR No. 167755

2008-11-28

PEOPLE v. NESTOR VELUZ

AUSTRIA-MARTINEZ, J.

It is well settled that proof of hymenal laceration is not an element of rape, neither is a medico-legal report indispensable in the prosecution of a rape case, it being merely corroborative in nature.[55] More importantly, a freshly broken hymen is not an essential element of rape, and healed lacerations do not negate rape,[56] neither does the absence of spermatozoa negate rape.[57] In addition, absence of external signs of physical injuries does not cancel out the commission of rape, since proof of injuries is not an essential element of the crime.[58] It must be borne in mind that AAA has a mental capacity of a 4-5-year old. Most likely, she did not put up a resistance that could bring about physical injuries. Moreover, prosecution witness Dr. Eligio testified that AAA could have been "used" once or twice before in view of the presence of healed lacerations; and that if the penis is of normal size, subsequent intercourse would no longer cause lacerations.

GR No. 180500

2008-09-11

PEOPLE v. MEDARDO CRESPO Y CRUZ

CHICO-NAZARIO, J.

A rape charge is a serious matter with pernicious consequences both for the appellant and the complainant; hence, utmost care must be taken in the review of a decision involving conviction of rape.[56] Thus, in the disposition and review of rape cases, the Court is guided by these principles: First, the prosecution has to show the guilt of the accused by proof beyond reasonable doubt or that degree of proof that, to an unprejudiced mind, produces conviction. Second, the evidence for the prosecution must stand or fall on its own merits and cannot draw strength from the weakness of the evidence of the defense. Third, unless there are special reasons, the findings of trial courts, especially regarding the credibility of witnesses, are entitled to great respect and will not be disturbed on appeal. Fourth, an accusation for rape can be made with facility; it is difficult to prove but more difficult for the person accused, though innocent, to disprove. And fifth, in view of the intrinsic nature of the crime of rape, in which only two persons are usually involved, the testimony of the complainant must be scrutinized with extreme caution.[57]

GR No. 176742

2008-06-17

PEOPLE v. WENCESLAO ESPINO

CHICO-NAZARIO, J.

A rape charge is a serious matter with pernicious consequences both for the appellant and the complainant; hence, utmost care must be taken in the review of a decision involving conviction of rape.[40] Thus, in the disposition and review of rape cases, the Court is guided by these principles: First, the prosecution has to show the guilt of the accused by proof beyond reasonable doubt or that degree of proof that, to an unprejudiced mind, produces conviction. Second, the evidence for the prosecution must stand or fall on its own merits and cannot draw strength from the weakness of the evidence of the defense. Third, unless there are special reasons, the findings of trial courts, especially regarding the credibility of witnesses, are entitled to great respect and will not be disturbed on appeal. Fourth, an accusation of rape can be made with facility; it is difficult to prove but more difficult for the person accused, though innocent, to disprove. And fifth, in view of the intrinsic nature of the crime of rape where only two persons are usually involved, the testimony of the complainant must be scrutinized with extreme caution.[41]

GR No. 177822

2008-06-17

PEOPLE v. HILARIO OPONG Y TAÑESA

CHICO-NAZARIO, J.

It also bears stressing that a medico-legal report is not indispensable to the prosecution of a rape case, it being merely corroborative in nature.[54] The credible disclosure of AAA that appellant raped her is the most important proof of the commission of the crime.[55]

GR No. 176065

2008-04-22

PEOPLE v. RAMON ARIVAN Y FORNILLO

CHICO-NAZARIO, J.

A rape charge is a serious matter with pernicious consequences both for the appellant and the complainant; hence, utmost care must be taken in the review of a decision involving conviction of rape.[36] Thus, in the disposition and review of rape cases, the Court is guided by these principles: First, the prosecution has to show the guilt of the accused by proof beyond reasonable doubt or that degree of proof that, to an unprejudiced mind, produces conviction. Second, the evidence for the prosecution must stand or fall on its own merits and cannot draw strength from the weakness of the evidence of the defense. Third, unless there are special reasons, the findings of trial courts, especially regarding the credibility of witnesses, are entitled to great respect and will not be disturbed on appeal. Fourth, an accusation for rape can be made with facility; it is difficult to prove but more difficult for the person accused, though innocent, to disprove; and fifth, in view of the intrinsic nature of the crime of rape where only two persons are usually involved, the testimony of the complainant must be scrutinized with extreme caution.[37]

GR No. 177749

2007-12-17

PEOPLE v. MANUEL AGUILAR

CHICO-NAZARIO, J.

A rape charge is a serious matter with pernicious consequences both for the appellant and the complainant; hence, utmost care must be taken in the review of a decision involving conviction of rape.[31] Thus, in the disposition and review of rape cases, the Court is guided by certain principles. First, the prosecution has to show the guilt of the accused by proof beyond reasonable doubt or that degree of proof that, to an unprejudiced mind, produces conviction. Second, the evidence for the prosecution must stand or fall on its own merits and cannot draw strength from the weakness of the evidence of the defense. Third, unless there are special reasons, the findings of trial courts, especially regarding the credibility of witnesses, are entitled to great respect and will not be disturbed on appeal. Fourth, an accusation for rape can be made with facility; it is difficult to prove but more difficult for the person accused, though innocent, to disprove. And fifth, in view of the intrinsic nature of the crime of rape, in which only two persons are usually involved, the testimony of the complainant must be scrutinized with extreme caution.[32]

GR No. 176633

2007-09-05

PEOPLE v. ARMANDO SAN ANTONIO

CHICO-NAZARIO, J.

A rape charge is a serious matter with pernicious consequences both for the appellant and the complainant; hence, utmost care must be taken in the review of a decision involving conviction of rape.[25] Thus, in the disposition and review of rape cases, the Court is guided by these principles: First, the prosecution has to show the guilt of the accused by proof beyond reasonable doubt or that degree of proof that, to an unprejudiced mind, produces conviction. Second, the evidence for the prosecution must stand or fall on its own merits and cannot draw strength from the weakness of the evidence of the defense. Third, unless there are special reasons, the findings of trial courts, especially regarding the credibility of witnesses, are entitled to great respect and will not be disturbed on appeal. Fourth, an accusation for rape can be made with facility; it is difficult to prove but more difficult for the person accused, though innocent, to disprove; and Fifth, in view of the intrinsic nature of the crime of rape where only two persons are usually involved, the testimony of the complainant must be scrutinized with extreme caution.[26]

GR NO. 169873

2007-06-08

PEOPLE v. NORBERTO ASTROLOGO Y DE DIOS

CHICO-NAZARIO, J.

A rape charge is a serious matter with pernicious consequences both for the appellant and the complainant; hence, utmost care must be taken in the review of a decision involving conviction of rape.[17] Thus, in reviewing rape cases, the Court is guided by these principles: First, the prosecution has to show the guilt of the accused by proof beyond reasonable doubt or that degree of proof that, to an unprejudiced mind, produces conviction. Second, unless there are special reasons, the findings of trial courts, especially regarding the credibility of witnesses, are entitled to great respect and will not be disturbed on appeal. Third, the disposition of rape cases is governed by the following guidelines: (1) an accusation of rape can be made with facility; it is difficult to prove but more difficult for the person accused, though innocent, to disprove; (2) in view of the intrinsic nature of the crime of rape where only two persons are usually involved, the testimony of the complainant must be scrutinized with extreme caution; and (3) the evidence for the prosecution must stand or fall on its own merits and cannot draw strength from the weakness of the evidence of the defense.[18]

GR NO. 169430

2006-10-31

PEOPLE v. HENRY BIDOC Y ROQUE

CHICO-NAZARIO, J.

In reviewing rape cases, the Court is guided by these principles: First, the prosecution has to show the guilt of the accused by proof beyond reasonable doubt or that degree of proof that, to an unprejudiced mind, produces conviction. Second, unless there are special reasons, the findings of trial courts, especially regarding the credibility of witnesses, are entitled to great respect and will not be disturbed on appeal. Third, the disposition of rape cases are governed by the following guidelines: (1) an accusation for rape can be made with facility; it is difficult to prove but more difficult for the person accused, though innocent, to disprove; (2) in view of the intrinsic nature of the crime of rape where only two persons are usually involved, the testimony of the complainant must be scrutinized with extreme caution, and (3) the evidence for the prosecution must stand or fall on its own merits and cannot draw strength from the weakness of the evidence of the defense.[24]

GR NO. 172870

2006-09-22

PEOPLE v. JUNIOR BANG-AYAN

YNARES-SANTIAGO, J.

The Court reviewed the testimony of XYZ, not on any particular segment but in its entirety to ascertain whether it has overlooked facts and circumstances of weight, influence and significance, or has misapprehended, or misunderstood or misapplied certain facts and circumstances which could be resolved in favor of the accused. The Court found none. XYZ is a credible witness, and her testimony is worthy of belief. Her sole testimony indeed bears the hallmarks of truth. It is sufficient to hold Junior Bang-ayan responsible for the three counts of rape charged against him.[30] A rape victim, who testifies in a categorical, straightforward, spontaneous and frank manner, and remains consistent, is a credible witness.[31] Her genuine cries of anguish for several times[32] while recounting the sexual assault is evidence of the truth of the rape charges.[33] Besides, it being instinctive for a very young, unmarried woman to protect her honor, it is difficult to believe that she would fabricate a tale of defloration, allow the examination of her private parts, reveal her shame to the small town where she grew up and permit herself to be the subject of gossip and public trial if she had not really been ravished.[34]

GR No. 150501

2004-06-03

PEOPLE v. GERONIMO BOROMEO Y MARCO

PER CURIAM

Proof of hymenal laceration is not an element of rape.[23] An intact hymen does not negate a finding that the victim was raped.[24] To sustain a conviction for rape, full penetration of the female genital organ is not necessary. It is enough that there is proof of entry of the male organ into the labia of the pudendum of the female organ. Penetration of the penis by entry into the lips of the vagina, even without laceration of the hymen, is enough to constitute rape,[25] and even the briefest of contact is deemed rape.[26] As long as the attempt to insert the penis results in contact with the lips of the vagina, even without rupture or laceration of the hymen, the rape is consummated.[27] In People v. Tampos,[28] this Court held that rape is committed on the victim's testimony that she felt pain.

	GR No. 175595 2010-07-28	PEOPLE v. TEDDY MAGAYON LEONARDO-DE CASTRO, J.
A rape victim, who testifies in a categorical, straightforward, spontaneous and frank manner, and remains consistent, is a credible witness.[49] Moreover, when the offended parties are young and immature girls, as in this case, where the victim was only nine years old at the time the rape was committed, courts are inclined to lend credence to their version of what transpired, not only because of their relative vulnerability, but also because of the shame and embarrassment to which they would be exposed by court trial, if the matter about which they testified were not true.[50]
	GR No. 186496 2009-08-27	PEOPLE v. DANTE GRAGASIN Y PAR CHICO-NAZARIO, J.
A rape victim, who testifies in a categorical, straightforward, spontaneous and frank manner, and remains consistent, is a credible witness.[17] Moreover, when the offended party is a young and immature girl, as in this case, where the victim was barely 9 years old at the time the rape was committed, courts are inclined to lend credence to their version of what transpired, not only because of their relative vulnerability, but also because of the shame and embarrassment to which they would be exposed by court trial, if the matter about which they testified were not true.
	GR No. 176348 2009-04-16	PEOPLE v. DIONISIO CABUDBOD Y TUTOR QUISUMBING, J.
Finally, the Sinumpaang Salaysay (Salaysay ng Pag-urong ng Demanda)[47] dated June 1, 2005 executed by AAA deserves scant consideration. An affidavit of desistance is not looked upon with favor on appeal following a conviction, let alone as being the sole consideration for the reversal of that conviction. There must be other circumstances which, when coupled with retraction or desistance, create doubts on the veracity of the testimony given by witnesses during the trial.[48] As we have discussed earlier, the records do not here cast such doubts.
	GR No. 167755 2008-11-28	PEOPLE v. NESTOR VELUZ AUSTRIA-MARTINEZ, J.
It is well settled that proof of hymenal laceration is not an element of rape, neither is a medico-legal report indispensable in the prosecution of a rape case, it being merely corroborative in nature.[55] More importantly, a freshly broken hymen is not an essential element of rape, and healed lacerations do not negate rape,[56] neither does the absence of spermatozoa negate rape.[57] In addition, absence of external signs of physical injuries does not cancel out the commission of rape, since proof of injuries is not an essential element of the crime.[58] It must be borne in mind that AAA has a mental capacity of a 4-5-year old. Most likely, she did not put up a resistance that could bring about physical injuries. Moreover, prosecution witness Dr. Eligio testified that AAA could have been "used" once or twice before in view of the presence of healed lacerations; and that if the penis is of normal size, subsequent intercourse would no longer cause lacerations.
	GR No. 180500 2008-09-11	PEOPLE v. MEDARDO CRESPO Y CRUZ CHICO-NAZARIO, J.
A rape charge is a serious matter with pernicious consequences both for the appellant and the complainant; hence, utmost care must be taken in the review of a decision involving conviction of rape.[56] Thus, in the disposition and review of rape cases, the Court is guided by these principles: First, the prosecution has to show the guilt of the accused by proof beyond reasonable doubt or that degree of proof that, to an unprejudiced mind, produces conviction. Second, the evidence for the prosecution must stand or fall on its own merits and cannot draw strength from the weakness of the evidence of the defense. Third, unless there are special reasons, the findings of trial courts, especially regarding the credibility of witnesses, are entitled to great respect and will not be disturbed on appeal. Fourth, an accusation for rape can be made with facility; it is difficult to prove but more difficult for the person accused, though innocent, to disprove. And fifth, in view of the intrinsic nature of the crime of rape, in which only two persons are usually involved, the testimony of the complainant must be scrutinized with extreme caution.[57]
	GR No. 176742 2008-06-17	PEOPLE v. WENCESLAO ESPINO CHICO-NAZARIO, J.
A rape charge is a serious matter with pernicious consequences both for the appellant and the complainant; hence, utmost care must be taken in the review of a decision involving conviction of rape.[40] Thus, in the disposition and review of rape cases, the Court is guided by these principles: First, the prosecution has to show the guilt of the accused by proof beyond reasonable doubt or that degree of proof that, to an unprejudiced mind, produces conviction. Second, the evidence for the prosecution must stand or fall on its own merits and cannot draw strength from the weakness of the evidence of the defense. Third, unless there are special reasons, the findings of trial courts, especially regarding the credibility of witnesses, are entitled to great respect and will not be disturbed on appeal. Fourth, an accusation of rape can be made with facility; it is difficult to prove but more difficult for the person accused, though innocent, to disprove. And fifth, in view of the intrinsic nature of the crime of rape where only two persons are usually involved, the testimony of the complainant must be scrutinized with extreme caution.[41]
	GR No. 177822 2008-06-17	PEOPLE v. HILARIO OPONG Y TAÑESA CHICO-NAZARIO, J.
It also bears stressing that a medico-legal report is not indispensable to the prosecution of a rape case, it being merely corroborative in nature.[54] The credible disclosure of AAA that appellant raped her is the most important proof of the commission of the crime.[55]
	GR No. 176065 2008-04-22	PEOPLE v. RAMON ARIVAN Y FORNILLO CHICO-NAZARIO, J.
A rape charge is a serious matter with pernicious consequences both for the appellant and the complainant; hence, utmost care must be taken in the review of a decision involving conviction of rape.[36] Thus, in the disposition and review of rape cases, the Court is guided by these principles: First, the prosecution has to show the guilt of the accused by proof beyond reasonable doubt or that degree of proof that, to an unprejudiced mind, produces conviction. Second, the evidence for the prosecution must stand or fall on its own merits and cannot draw strength from the weakness of the evidence of the defense. Third, unless there are special reasons, the findings of trial courts, especially regarding the credibility of witnesses, are entitled to great respect and will not be disturbed on appeal. Fourth, an accusation for rape can be made with facility; it is difficult to prove but more difficult for the person accused, though innocent, to disprove; and fifth, in view of the intrinsic nature of the crime of rape where only two persons are usually involved, the testimony of the complainant must be scrutinized with extreme caution.[37]
	GR No. 177749 2007-12-17	PEOPLE v. MANUEL AGUILAR CHICO-NAZARIO, J.
A rape charge is a serious matter with pernicious consequences both for the appellant and the complainant; hence, utmost care must be taken in the review of a decision involving conviction of rape.[31] Thus, in the disposition and review of rape cases, the Court is guided by certain principles. First, the prosecution has to show the guilt of the accused by proof beyond reasonable doubt or that degree of proof that, to an unprejudiced mind, produces conviction. Second, the evidence for the prosecution must stand or fall on its own merits and cannot draw strength from the weakness of the evidence of the defense. Third, unless there are special reasons, the findings of trial courts, especially regarding the credibility of witnesses, are entitled to great respect and will not be disturbed on appeal. Fourth, an accusation for rape can be made with facility; it is difficult to prove but more difficult for the person accused, though innocent, to disprove. And fifth, in view of the intrinsic nature of the crime of rape, in which only two persons are usually involved, the testimony of the complainant must be scrutinized with extreme caution.[32]
	GR No. 176633 2007-09-05	PEOPLE v. ARMANDO SAN ANTONIO CHICO-NAZARIO, J.
A rape charge is a serious matter with pernicious consequences both for the appellant and the complainant; hence, utmost care must be taken in the review of a decision involving conviction of rape.[25] Thus, in the disposition and review of rape cases, the Court is guided by these principles: First, the prosecution has to show the guilt of the accused by proof beyond reasonable doubt or that degree of proof that, to an unprejudiced mind, produces conviction. Second, the evidence for the prosecution must stand or fall on its own merits and cannot draw strength from the weakness of the evidence of the defense. Third, unless there are special reasons, the findings of trial courts, especially regarding the credibility of witnesses, are entitled to great respect and will not be disturbed on appeal. Fourth, an accusation for rape can be made with facility; it is difficult to prove but more difficult for the person accused, though innocent, to disprove; and Fifth, in view of the intrinsic nature of the crime of rape where only two persons are usually involved, the testimony of the complainant must be scrutinized with extreme caution.[26]
	GR NO. 169873 2007-06-08	PEOPLE v. NORBERTO ASTROLOGO Y DE DIOS CHICO-NAZARIO, J.
A rape charge is a serious matter with pernicious consequences both for the appellant and the complainant; hence, utmost care must be taken in the review of a decision involving conviction of rape.[17] Thus, in reviewing rape cases, the Court is guided by these principles: First, the prosecution has to show the guilt of the accused by proof beyond reasonable doubt or that degree of proof that, to an unprejudiced mind, produces conviction. Second, unless there are special reasons, the findings of trial courts, especially regarding the credibility of witnesses, are entitled to great respect and will not be disturbed on appeal. Third, the disposition of rape cases is governed by the following guidelines: (1) an accusation of rape can be made with facility; it is difficult to prove but more difficult for the person accused, though innocent, to disprove; (2) in view of the intrinsic nature of the crime of rape where only two persons are usually involved, the testimony of the complainant must be scrutinized with extreme caution; and (3) the evidence for the prosecution must stand or fall on its own merits and cannot draw strength from the weakness of the evidence of the defense.[18]
	GR NO. 169430 2006-10-31	PEOPLE v. HENRY BIDOC Y ROQUE CHICO-NAZARIO, J.
In reviewing rape cases, the Court is guided by these principles: First, the prosecution has to show the guilt of the accused by proof beyond reasonable doubt or that degree of proof that, to an unprejudiced mind, produces conviction. Second, unless there are special reasons, the findings of trial courts, especially regarding the credibility of witnesses, are entitled to great respect and will not be disturbed on appeal. Third, the disposition of rape cases are governed by the following guidelines: (1) an accusation for rape can be made with facility; it is difficult to prove but more difficult for the person accused, though innocent, to disprove; (2) in view of the intrinsic nature of the crime of rape where only two persons are usually involved, the testimony of the complainant must be scrutinized with extreme caution, and (3) the evidence for the prosecution must stand or fall on its own merits and cannot draw strength from the weakness of the evidence of the defense.[24]
	GR NO. 172870 2006-09-22	PEOPLE v. JUNIOR BANG-AYAN YNARES-SANTIAGO, J.
The Court reviewed the testimony of XYZ, not on any particular segment but in its entirety to ascertain whether it has overlooked facts and circumstances of weight, influence and significance, or has misapprehended, or misunderstood or misapplied certain facts and circumstances which could be resolved in favor of the accused. The Court found none. XYZ is a credible witness, and her testimony is worthy of belief. Her sole testimony indeed bears the hallmarks of truth. It is sufficient to hold Junior Bang-ayan responsible for the three counts of rape charged against him.[30] A rape victim, who testifies in a categorical, straightforward, spontaneous and frank manner, and remains consistent, is a credible witness.[31] Her genuine cries of anguish for several times[32] while recounting the sexual assault is evidence of the truth of the rape charges.[33] Besides, it being instinctive for a very young, unmarried woman to protect her honor, it is difficult to believe that she would fabricate a tale of defloration, allow the examination of her private parts, reveal her shame to the small town where she grew up and permit herself to be the subject of gossip and public trial if she had not really been ravished.[34]
	GR No. 150501 2004-06-03	PEOPLE v. GERONIMO BOROMEO Y MARCO PER CURIAM
Proof of hymenal laceration is not an element of rape.[23] An intact hymen does not negate a finding that the victim was raped.[24] To sustain a conviction for rape, full penetration of the female genital organ is not necessary. It is enough that there is proof of entry of the male organ into the labia of the pudendum of the female organ. Penetration of the penis by entry into the lips of the vagina, even without laceration of the hymen, is enough to constitute rape,[25] and even the briefest of contact is deemed rape.[26] As long as the attempt to insert the penis results in contact with the lips of the vagina, even without rupture or laceration of the hymen, the rape is consummated.[27] In People v. Tampos,[28] this Court held that rape is committed on the victim's testimony that she felt pain.

PEOPLE v. CLEMENTINO LOU Y GALINDO