This case has been cited 9 times or more.
|
2012-10-17 |
MENDOZA, J. |
||||
| The testimony of AAA on the elements constituting the crime of rape, as committed on three separate occasions through force and intimidation after she was rendered almost unconscious after being forced to drink two (2) bottles of beer, was clear, categorical and positive. In the absence of corroboration, the insinuation of Delos Reyes that he was only included in the complaint because he refused to marry her deserves scant consideration. A candid narration by a rape victim deserves credence particularly where no ill motive is attributed to the rape victim that would make her testify falsely against the accused. For no woman in her right mind will admit to having been raped, allow an examination of her most private parts and subject herself as well as her family to the humiliation and shame concomitant with a rape prosecution, unless the charges are true. Where an alleged rape victim says she was sexually abused, she says almost all that is necessary to show that rape had been inflicted on her person, provided her testimony meets the test of credibility.[30] | |||||
|
2008-06-17 |
CHICO-NAZARIO, J. |
||||
| A careful perusal of the records revealed that when AAA testified in court as regards her ordeal, she described in detail how she was sexually abused by the appellant on that fateful day of 21 September 1999. Her testimony can be regarded as straightforward, categorical and candid. A candid narration by a rape victim deserves credence particularly where no ill motive is attributed to her that would make her testify falsely against the accused. For no woman in her right mind will admit to having been raped, allow an examination of her most private parts and subject herself as well as her family to the humiliation and shame concomitant with a rape prosecution, unless the charges are true. Where an alleged rape victim says she was sexually abused, she says almost all that is necessary to show that rape has been inflicted on her person, provided her testimony meets the test of credibility.[45] | |||||
|
2008-04-22 |
CHICO-NAZARIO, J. |
||||
| Moreover, a candid narration by a rape victim deserves credence particularly where no ill motive is attributed to the rape victim that would make her testify falsely against the accused. For no woman in her right mind will admit to having been raped, allow an examination of her most private parts and subject herself as well as her family to the humiliation and shame concomitant with a rape prosecution, unless the charges are true. Where an alleged victim says she was sexually abused, she says almost all that is necessary to show that rape had been inflicted on her person, provided her testimony meets the test of credibility.[39] | |||||
|
2006-08-16 |
CALLEJO, SR., J. |
||||
| After going over the voluminous records, We find no error in the aforesaid observations of the trial court as affirmed by the CA. Courts generally view the defenses of denial and alibi with disfavor on account of the facility with which an accused can concoct them to suit his defense.[85] Again, these weak defenses cannot stand against the positive identification and categorical testimony of a rape victim.[86] Clarissa, in this case, as aforesaid, passed the test of credibility in her account of her ordeal; positively identified her assailants; and had no ill-motive to falsely implicate them to the commission of a crime, other than her desire to seek justice for a wrong. Where an alleged rape victim says she was sexually abused, she says almost all that is necessary to show that rape had been inflicted on her person, provided her testimony meets the test of credibility.[87] | |||||
|
2004-06-03 |
PANGANIBAN, J. |
||||
| It would be unfair to expect a flawless recollection from one who is forced to relive the gruesome details of a painful and humiliating experience such as rape.[31] No woman in her right mind would openly acknowledge the violation of her person and allow the examination of her private parts if she has not been raped. The Court has ruled that when the testimony of a rape victim meets the test of credibility, she is deemed to have said all that it necessary to show that she has been violated.[32] | |||||
|
2001-02-19 |
QUISUMBING, J. |
||||
| We note, however, that while the trial court awarded moral damages to the offended party, no award of civil indemnity was made. Pursuant to prevailing jurisprudence, the offended party in rape is entitled to the award of P50,000.00 as civil indemnity.[38] | |||||
|
2001-01-24 |
QUISUMBING, J. |
||||
| On the damages awarded, the amount of P50,000.00 as civil indemnity and P50,000.00 as moral damages for each count of simple rape are in accord with present jurisprudence.[31] However, the exemplary damages should be reduced to P25,000.00 for each count of rape. The rationale behind exemplary damages is to provide an example or correction for the public good and not to enrich the victim. The award of P25,000.00 as exemplary damages provides a deterrent against sexual abuse of young women by their fathers.[32] | |||||
|
2000-06-08 |
PARDO, J. |
||||
| We are, thus, convinced that accused-appellant committed the bestial act against his own daughter. As found by the trial court, complainant's testimony is clear, unequivocal and credible.[26] | |||||
|
2000-06-08 |
PARDO, J. |
||||
| "A daughter would not accuse her own father of such an unspeakable crime as incestuous rape had she really not been aggrieved."[28] It is highly improbable for a woman, especially one of tender age like Arnie, to concoct a brutal tale of ravishment, allow a gynecologic examination, and undergo the humiliation of a public trial if she is not motivated solely by a desire to have the culprit apprehended and punished.[29] | |||||