This case has been cited 3 times or more.
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2010-02-16 |
BRION, J. |
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| Fourth, we cannot equate AAA's testimony of pain in her private parts with rape. Carnal knowledge, not pain, is the element of consummated rape and we believe that it would be a dangerous proposition to equate a victim's testimony of pain, in the absence of any other evidence, with carnal knowledge. The peril lies in the facility of asserting pain. Pain, too, can come from various reasons other than carnal knowledge; it is also subjective and is easy to feign.[41] | |||||
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2004-01-13 |
TINGA, J, |
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| Baby Jane's behavior during and after the rape incidents reinforce the trial court's findings of rape. She objected to Fe's acts of removing her clothes, but her resistance was restricted by her fear of the appellants. The scythe that Fe held in her hands and threats of bodily harm should she refuse effectively intimidated her into submitting to Butchoy's onslaught. Afterwards, she could tell no one of the ordeal she had gone through as she was constantly under Fe's watchful eye. In addition, she did not know any of their neighbors nor their neighborhood well enough to report the incident. When the opportunity to escape presented itself, she took it. She reported the matter to the authorities and this led to the filing of the Amended Complaints against the appellants. Her actions testify to the truth of her allegations of rape for a young girl would not make up a story of sexual exploitation and undergo the humiliation of a medical examination of her private parts and a court trial that would dissect each and every aspect of the sexual abuse committed against her if it were not true.[37] | |||||
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2002-10-15 |
PANGANIBAN, J. |
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| actual participation in the commission of the crime is immaterial.[55] However, since there was neither proof nor finding of conspiracy, then the extent of the individual participation of each appellant should have been clearly delineated. In criminal cases, the prosecution has the onus probandi of establishing the guilt of the accused.[56] Ei incumbit probatio non qui negat. He who asserts -- not he who denies -- must prove.[57] The burden must be | |||||