This case has been cited 4 times or more.
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2004-06-03 |
PER CURIAM |
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| 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. | |||||
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2004-01-22 |
YNARES-SATIAGO, J. |
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| Not even appellant's suggestion of ill-motive that Claudeth filed this case against him to get back at him for whipping her is deserving of merit. Ill-motive is never an essential element of a crime. It becomes inconsequential in a case where there are affirmative, nay, categorical declarations towards accused-appellant's accountability for the felony.[14] As a whole, said accountability was amply established by the prosecution's testimonial as well as physical evidence. | |||||
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2003-07-17 |
YNARES-SANTIAGO, J. |
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| Besides, no woman, least of all a child, would concoct a story of defloration, allow an examination of her private parts and subject herself to public trial or ridicule if she has not, in truth, been a victim of rape and impelled to seek justice for the wrong done to her. Testimonies of child-victims are given full faith and credit, since when a girl says that she has been raped, she says in effect all that is necessary to show that rape was indeed committed. Youth and immaturity are generally badges of truth and sincerity.[12] | |||||