This case has been cited 3 times or more.
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2011-04-06 |
LEONARDO-DE CASTRO, J. |
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| Accused-appellant in this case held a knife against AAA during the rapes. The act of holding a knife by itself is strongly suggestive of force or, at least, intimidation, and threatening the victim with a knife is sufficient to bring a woman into submission.[38] In addition, AAA did testify as to her attempts to push accused-appellant away from her, but the latter, being a man more than twice AAA's age, could have easily pinned her down by lying on top of her. | |||||
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2006-09-22 |
YNARES-SANTIAGO, J. |
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| 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] | |||||
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2004-05-27 |
CALLEJO, SR., J. |
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| In the review of rape cases, we are almost invariably guided by the following principles: (1) an accusation of rape can be made with facility; it is difficult to prove but more difficult for the 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 be allowed to draw strength from the weakness of the evidence for the defense.[62] | |||||