This case has been cited 3 times or more.
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2002-09-17 |
MENDOZA, J. |
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| May I request for issuance of subpoena to the mother and the Doctor and the other daughter. That subpoena be issued to Dr. Emma Rariza of Libmanan District Hospital, Libmanan, Camarines Sur.[24] | |||||
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2001-02-22 |
QUISUMBING, J. |
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| Appellant was charged with the crime of rape committed in May 1992 through force or intimidation under Article 335, first paragraph of the Revised Penal Code. The victim testified that the first time appellant raped her, he first inserted his penis into her mouth before inserting it in her vagina.[26] The first rape was done with threats against the victim. The second and third were committed similarly. Appellant threatened the victim with a knife in these 3 instances.[27] We have held that intimidation includes the moral kind such as the fear caused by threatening the girl with a knife or pistol.[28] As to the fourth and fifth rapes, appellant did not use a knife to force the victim into submission.[29] However, the apparent submission of the victim herein does not indicate consent. She had already been repeatedly abused by a person who had ascendant authority over her. On three occasions of those rapes, she had cowered with fear for her life. As common-law husband of her mother, appellant clearly had moral dominance and influence over the victim. He easily intimidated and forced her to submit to his bestial desires. Considering the masculine strength of appellant, with or without a knife, the victim obviously knew that resistance would be futile. Physical resistance need not be established in rape when threats and intimidation are employed and the victim submits herself to the rapist because of fear.[30] Intimidation must be viewed in the light of the victim's perception and judgment at the time of the commission of the crime and not by any hard and fast rule.[31] | |||||
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2000-10-17 |
GONZAGA-REYES, J. |
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| Fear of bodily harm and fear for the safety of her family prevented MELANIE from shouting for help, caused her to spread her legs upon the order of PABLITO and compelled her to follow PABLITO to the piggery where the second charge of rape occurred. As mentioned earlier, the 13-year-old victim did manifestly struggle against her 53-year-old attacker during the rapes. At any rate, physical resistance need not be established in rape when threats and intimidation are employed and the victim submits herself to the embrace of her rapist because of fear.[15] | |||||