This case has been cited 4 times or more.
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2011-02-23 |
MENDOZA, J. |
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| The Court is convinced that the accused did employ threat and intimidation to subjugate AAA's will and break her resistance. She categorically stated that he poked a bolo at her neck and threatened to kill her if she would make a noise and resist his advances. Undoubtedly, fear and helplessness gripped her. To an innocent girl who was only 14 years old, his menacing acts engendered in her a well-grounded fear that if she would resist or not yield to his bestial demands, he would make good his threats. She was obviously cowed into submission by the real and present threat of physical harm on her person. Obviously, she was silenced to do his bidding. Her submission was re-enforced by the fact that the accused was her stepfather who exercised moral ascendancy and influence over her. When a victim is threatened with bodily injury, as when the rapist is armed with a deadly weapon, such as a knife or bolo, such constitutes intimidation sufficient to bring the victim to submission to the lustful desires of the rapist.[25] | |||||
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2004-01-29 |
CARPIO MORALES, J. |
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| Dr. Reyes's medical opinion is not new. In People v. Llanto,[59] this Court had occasion to take note of instances when penetration was shown to have occurred even though the victim's hymen remained intact:That Cristy was allegedly raped by the accused in many instances other than on November 12, 1999 and her hymen remained intact do not lend support to the cause of the accused. In People v. Caballes [199 SCRA 152 (1991)], the fourteen year-old victim was raped nine times by her father in a span of four months. | |||||
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2003-08-07 |
YNARES-SANTIAGO, J. |
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| In the case at bar, appellant has not shown any material discrepancy between the sworn statement and testimony of the victim that would seriously taint her credibility and warrant a reversal of the trial court's factual findings. Even assuming for the sake of argument, that there was no penile penetration of private complainant's vagina because her legs were not spread apart, it has been consistently ruled that the mere touching of the labia of the woman consummates the crime of rape.[17] Hence, the fact that no laceration and no ruptured hymen were found in this case, does not necessarily negate rape. The fact that the hymen was intact upon examination does not, likewise, belie rape, for a broken hymen is not an essential element of rape, nor does the fact that the victim remained a virgin exclude the crime. In a prosecution for rape, the material fact or circumstance to be considered is the occurrence of the rape, which the prosecution in this case was able to prove beyond reasonable doubt.[18] In any event, a medical examination is not essential in the prosecution of a rape case. A medical examination and a medical certificate are merely corroborative in character. They are not indispensable requirements for conviction, for what matters greatly is the clear, unequivocal and credible testimony of the victim.[19] | |||||
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2003-05-09 |
YNARES-SANTIAGO, J. |
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| The seeming lack of an effective struggle did not mean that appellant's sexual advances did not constitute rape. Physical resistance need not be proved in rape when intimidation is exercised upon the victim and she submits herself, against her will, to the rapist's advances because of fear for her life and personal safety. It suffices that the intimidation produces fear in the mind of the victim that if she did not submit to the bestial demands of the accused, something worse would befall her at the time she was being molested.[17] In the case at bar, appellant pointed a knife at complainant while raping her. Threatening the victim with bodily injury while holding a knife or a bolo constitutes intimidation sufficient to bring a woman to submission to the lustful desires of the molesters.[18] In such a case, the absence of external signs or physical injuries on the victim does not negate the commission of rape.[19] More importantly, appellant was complainant's uncle, who exercised moral ascendancy over her. It is a settled rule that in rape committed by a close kin, moral ascendancy takes the place of violence and intimidation.[20] | |||||