This case has been cited 2 times or more.
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2004-05-27 |
QUISUMBING, J. |
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| Despite her low intelligence, we entertain no doubt concerning Digna's testimony. It categorically shows that she had been subjected to a harrowing, unspeakable experience, which left an indelible impression in her mind. The shock to a woman of an unwelcome penile invasion is unimaginable, [28] more so where the ravisher is the woman's own father. Here the victim is a simple rural lass whose highest educational attainment, due to what her own mother described as "mental retardation," is Grade IV. The doctor who examined her estimated her mental age to be that of a 12-year-old child. It has been noted that in rural areas of this country, young ladies, by custom and tradition, act with circumspection and prudence, and great caution is observed so that their reputation remains untarnished. [29] The records are bereft of any showing that the complainant is lacking in this traditional Filipina modesty. It is difficult to believe that an unsophisticated girl such as the offended party would brazenly impute a crime so serious as rape against any man, let alone her own father, if the charge were not true. Her willingness to face police investigation as well as suffer the embarrassment of the stigma of allowing the examination of her private parts, together with the humiliation and trouble she underwent in having to testify in open court on the painful details of her degrading experience effectively rule out a false accusation of rape. Her simple account of her ordeal evinces sincerity and truthfulness. Indeed, in this instance we agree that when the victim of rape says she has been violated, she says in effect all that is necessary to show that rape has been committed.[30] | |||||
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2003-08-15 |
AZCUNA, J. |
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| A. Yes sir.[34] As clearly shown from the foregoing, complainant herself attested that no force was employed on her by appellant. The threat and intimidation, on the other hand, were claimed to have been used by appellant only after consummating the sexual act. This is not what is contemplated by Article 355 (1) of the Revised Penal Code. To convict under this mode, the accused must have used force or intimidation to compel complainant into having sexual relations with him.[35] | |||||