This case has been cited 5 times or more.
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2005-09-16 |
CALLEJO, SR., J. |
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| Before us is a petition for review on certiorari of the Decision[2] of the Court of Appeals (CA) in CA-G.R. CV No. 48899. | |||||
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2004-06-08 |
DAVIDE JR., CJ. |
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| Irene claimed that she resisted the sexual molestation, but a careful reading of her testimony failed to reveal the kind of resistance she did under the circumstances. While it is true that a rape victim is not expected to resist until death, it is contrary to human experience that Irene did not even make an outcry or use her hands which must have been free most of the time to ward off the lustful advances of appellant.[23] Further, the findings of Dr. Villena, who examined Irene only several hours after the alleged rape, showed no sign of extragenital injuries on her body. Not a piece of Irene's apparel was torn or damaged as would evince a struggle on her part. These circumstances additionally belie Irene's claim that the appellant had sexual intercourse with her without her consent.[24] | |||||
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2003-10-16 |
DAVIDE JR., C.J. |
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| Under similar facts in People v. Gavina[23] and People v. Peligro,[24] the Court held that the absence of a weapon or anything that could produce sufficient fear in a woman as to render helpless one who would otherwise be deemed strong or worldly enough to put up a fight, or the failure to show the disparity in strength between the complainant and the accused sufficient to overpower a complainant into acceding to the sexual act is deemed a failure on the part of the prosecution to prove the guilt of the accused "beyond peradventure of doubt."[25] | |||||
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2003-07-25 |
YNARES-SANTIAGO, J. |
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| The test is whether the threat or intimidation produces a reasonable fear in the mind of the victim that if she resists or does not yield to the desires of the accused, the threat would be carried out. Where resistance would be futile, offering none at all does not amount to consent to the sexual assault. It is not necessary that the victim should have resisted unto death or sustained physical injuries in the hands of the rapist. It is enough if the intercourse takes place against her will or if she yields because of genuine apprehension of harm to her if she did not do so. Indeed, the law does not impose upon a rape victim the burden of proving resistance. Well-settled is the rule that the threat of bodily injury, when made with the use of a deadly weapon such as a pistol, knife, ice pick or bolo, constitutes intimidation sufficient to bring the victim to submission to the lustful desires of a rapist. In such cases, physical resistance need not be established since intimidation is exercised over the victim and the latter submits herself against her will to the rapist's advances because of fear for her life and personal safety. Thus, if resistance would nevertheless be futile because of intimidation, offering none at all does not amount to consent to the sexual assault so as to make the victim's submission to the sexual act voluntary.[7] | |||||
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2003-06-16 |
QUISUMBING, J. |
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| In reviewing rape cases, this Court is guided by three principles: (1) an accusation for rape can be made with facility; it is difficult to prove but more difficult for the person accused, though innocent, to disprove; (2) in view of the intrinsic nature of the crime where only two persons are usually involved, the testimony of the complainant must be scrutinized with extreme caution; and (3) the evidence for the prosecution must stand or fall on its own merit, and cannot be allowed to draw strength from the weakness of the evidence for the defense.[26] | |||||