Escolar Documentos
Profissional Documentos
Cultura Documentos
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435
vs.
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_______________
*
EN BANC.
436
436
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437
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438
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439
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440
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Records, p. 2.
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Id., p. 44.
Id., p. 139.
Id., p. 142.
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442
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I.
THE COURT A QUO GRAVELY ERRED IN FINDING THAT THE
GUILT OF THE ACCUSED-APPELLANT FOR THE CRIME
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444
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draw strength
from the weakness of the evidence for the
12
defense.
In rape cases, the accused may be convicted solely on the
basis of the testimony of the victim, provided that such
testi_______________
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318, 329.
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304, 319.
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677, 682.
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446
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Fiscal Cortes:
Q Aside from removing panty, what else did your father
do? A I felt his penish (sic) penetrated, sir.
Court:
Q Were you asleep when your t-shirt was raised and your
panty was removed?
A Yes, Your Honor.
Q And were you still asleep when you felt something
inside your genital?
A Yes, Your Honor.
Q And then what did you do after that?
A I felt pain and I pushed him sir, for several times and I
even shouted the words Ukinam bastos a
laklakayanuleg, baboy.
Q When you felt pain, you pushed the one on top of you,
you boxed him, you grabbed him, why do you know
already who it was?
A Yes, Your Honor.
Q That was when you shouted?
A Yes, Your Honor.
Q Were you already awake when somebody raised your
skirt?
447
447
Fiscal Cortes:
Q
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Yes, sir.
Court:
Q
Yes, sir.
Why?
Fiscal Cortes:
xxxx
Q
Court:
Q
Court: Continue.
Fiscal Cortes:
Q
Yes, sir.
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448
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502, 515-516.
449
449
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People v. Apawan, G.R. No. 85329, 16 August 1994, 235 SCRA 355, 363.
19
People v. Razonable, G.R. Nos. 128085-87, 12 April 2000, 330 SCRA 562,
571.
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People v. Tresballes, 373 Phil. 556, 585; 314 SCRA 774, 799 (1999); People
People v. Intong, G.R. Nos. 145034-35, 05 February 2004, 422 SCRA 134,
139.
450
450
pushed and hit her assailant. She shouted at him, ukinam bastos a
laklakayan uleg, baboy.
The man laying on top of her hastily moved to the other side of the
mat from where Juvilie slept. He then uttered, pakawanen nak
anako tagtaginep ko lang daydiay. She recognized his voice as that
of her father.
Identification of an accused by his voice has been accepted
particularly in cases where, such as in this case, the witness has
known the malefactor personally for so long and so intimately. In
People v. Calixto, the Supreme Court has given credence to the
blindfolded rape victims identification of the accused, a barriomate,
by his voice. Also, in an earlier case, the Supreme Court has said:
x x x [C]omplainants identification of the appellant was not
based solely on the latters physical defect, but by his voice as well,
when he warned complainant, Flor, keep quiet. Although
complainant did not see appellants face during the sexual act
because the house was dark, nevertheless, no error could have been
committed by the complainant in identifying the voice of the
accused, inasmuch as complainant were neighbors.
Pitted against the positive, straightforward and unequivocal
testimony of the victimJuviliethe mere denial by the accusedappellant that he raped his daughter cannot prevail.
Denial is inherently a weak defense. It cannot prevail over
positive identifications, unless buttressed by strong evidence of
nonculpability. Denials are self-serving negative by strong evidence
which cannot prevail over the positive, straightforward and
unequivocal testimony of the victim. When the offended parties are
young and immature girls from the ages of twelve to sixteen, courts
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451
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452
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558, 567; People v. Blancaflor, G.R. No. 130586, 29 January 2004, 421
SCRA 354, 361; People v. Taneo, G.R. No. 117683, 16 January 1998, 284
SCRA 251; People v. Burce, 336 Phil. 283, 302; 269 SCRA 293, 314 (1997);
People v. Caballes, G.R. Nos. 93437-45, 12 July 1991, 199 SCRA 152, 163;
People v. Lucas, G.R. No. 80102, 22 January 1990, 181 SCRA 316, 325.
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453
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30
27
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People v. Manggasin, 365 Phil. 683, 706; 306 SCRA 228, 247-248
(1999), citing People v. Ilao, 357 Phil. 656, 672; 296 SCRA 658, 671-672
(1998); People v. Ramos, 357 Phil. 559, 576; 296 SCRA 559, 575 (1998);
People v. Garcia, 346 Phil. 475, 504; 281 SCRA 463 (1997).
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Two (2) members of this Court maintain their position that R.A. No.
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