This case has been cited 5 times or more.
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2012-01-25 |
LEONARDO-DE CASTRO, J. |
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| We give scant consideration to Ortega's assertion that AAA only charged him with rape because she was jealous of her half-siblings. Such a reason is too flimsy and insignificant for a daughter to falsely charge her father with so serious a crime and to publicly disclose that she had been raped and then undergo the concomitant humiliation, anxiety, and exposure to public trial. As we ratiocinated in People v. Ponsica[26]: It bears emphasis that when the offended parties are young and immature girls from the ages of twelve to sixteen, courts are inclined to lend credence to their version of what transpired, considering not only their relative vulnerability but also the shame and embarrassment to which they would be exposed by court trial if the matter about which they testified is not true. It is instinctive for a young, unmarried woman to protect her honor and it is thus difficult to believe that she would fabricate a tale of defloration, allow the examination of her private parts, reveal her shame to the small town where she grew up, and permit herself to be subject of a public trial had she not really been ravished.[27] | |||||
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2003-04-01 |
YNARES-SANTIAGO, J. |
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| It bears emphasis that when the offended parties are young and immature girls from the ages of twelve to sixteen, courts are inclined to lend credence to their version of what transpired, considering not only their relative vulnerability but also the shame and embarrassment to which they would be exposed by the trial if the matter about which they testified is not true.[14] | |||||
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2003-02-17 |
QUISUMBING, J. |
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| The presence of people nearby is no guarantee that rape will not be committed, for lust is no respecter of time and place.[43] Rape has been committed in places where people congregate, like parks or school premises and even in a house where there are other occupants.[44] There is no rule or norm that a woman can only be raped in seclusion.[45] It has been committed in a room adjacent to where other members of the family stay or in a room, which the victim shared with others.[46] We have more than once observed that rape could take place in the same room where other members of the family were sleeping.[47] In the instant cases, both rapes complained of were committed in the middle of the night. It is of judicial notice that it is at this time when children are in deep slumber and could not be easily awakened.[48] The fact that Melanie's siblings were not awakened at the times she was ravished is not improbable. Hence, appellants' thesis that it was impossible for them to have committed the rape in the presence of private complainant's siblings who were sleeping next to her deserves scant consideration. | |||||
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2003-01-28 |
PUNO, J. |
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| The gravamen of rape is carnal knowledge of a woman against her will or without her consent.[11] | |||||
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2003-01-22 |
YNARES-SANTIAGO, J. |
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| Rape is committed by having carnal knowledge of a woman under any of the following circumstances: (1) By using force or intimidation; (2) When the woman is deprived of reason or otherwise unconscious; and (3) When the woman is under twelve years of age, even though neither of the circumstances mentioned in the two next preceding paragraphs shall be present. The gravamen of rape is carnal knowledge of a woman against her will or without her consent.[5] | |||||