This case has been cited 3 times or more.
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2010-02-04 |
PERALTA, J. |
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| The assertion of the accused that the reason why a criminal case was filed against him was his failure to pay the P10,000.00 dowry is too lame to be accepted as true. No young Filipina of decent repute would publicly admit she has been raped unless that is the truth. Even in these modern times, this principle holds true.[19] When the offended parties are young and immature girls from 12 to 16, as in this case, courts are inclined to lend credence to their version of what transpired, considering not only their relative vulnerability, but also the public humiliation to which they would be exposed by a court trial, if their accusation were not true.[20] | |||||
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2004-02-05 |
SANDOVAL-GUTIERREZ, J. |
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| In fact, as carefully noted by the trial court, Jovita wept in shame and disgust while recounting how appellant sexually ravished her through force and intimidation. It is jurisprudentially recognized that when the victim cries while testifying in court, such act is an indication of truth born out of human nature and experience.[20] Indeed, a Filipina with nary an evidence of loose morals, like the victim in this case, would not dare put her honor at stake by unraveling her tragic rape experience before a public trial and by having her sex organ examined by a doctor, if her story of defloration were not true.[21] | |||||
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2004-01-14 |
VITUG, J. |
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| The crime of rape can be committed by, among other ways, "having carnal knowledge of a woman" with the use of force or intimidation.[6] Intimidation is subjective, and it is addressed to the mind of the person against whom it is employed at the time and occasion of the crime. While there is no hard and fast rule to test its presence,[7] one accepted norm, nevertheless, is whether the intimidation produces a reasonable fear in the mind of the victim that if she were to resist or were not to yield to the desires of the malefactor, the threat would be carried out.[8] | |||||