This case has been cited 3 times or more.
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2009-08-24 |
CHICO-NAZARIO, J. |
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| The fact that the rape was consummated was also supported by the medical findings of the examining physician, Dr. Calingin, who found incomplete fresh hymenal lacerations at the 2:00 o'clock and 7:00 o'clock positions on AAA's vagina. According to him, said lacerations were possibly caused by an attempt to sexually penetrate AAA's private part. As the Court of Appeals stated in its Decision, while Dr. Calingin said that the lacerations could have also been possibly caused by bicycle riding or horse riding, said circumstance was not however shown to be the usual activities of AAA. Thus, when the testimony of a rape victim is consistent with the medical findings, sufficient basis exists to warrant a conclusion that the essential requisite of carnal knowledge has thereby been established.[22] | |||||
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2003-04-30 |
VITUG, J. |
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| Julita claimed to have pushed the appellant away in all of three incidents complained of. While it may be said that tenacious resistance from the victim is not a requirement for the crime of rape[12], the lack of evidence signifying an obstinate resistance to submit to the intercourse, naturally expected from an unwilling victim, could likewise indicate that no rape has occurred.[13] It eludes the Court that Julita could not have posed more than what she did to successfully dissuade appellant who was not even armed during all three instances from having his way. | |||||
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2002-09-17 |
QUISUMBING, J. |
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| submission to the criminal acts of appellant.[29] Moreover, the law does not impose upon a rape victim the burden of proving resistance. Physical resistance need not be established in rape when intimidation is exercised upon the victim and the latter submits herself because of fear.[30] Time and again, we have held that intimidation is addressed to the mind of the victim and, therefore, subjective. Its presence cannot be tested by any hard and fast rule but must be viewed in the light of the victim's perception and judgment at the time of the | |||||