Rape. For a charge of rape to prosper under Article 266-A of the Revised Penal Code, as amended, the prosecution must prove that (1) the offender had carnal knowledge of a woman; and (2) he accompanied such act through force, threat, or intimidation, or when she was deprived of reason or otherwise unconscious, or when she was under twelve years of age or was demented. In her September 20, 2000 testimony, the victim (AAA) narrated in detail how the appellant and Kino threatened to kill her, and then took turns in raping her. The Supreme Court ruled that the prosecution positively established the elements of rape required under Article 266-A of the Revised Penal Code. First, the appellant and Kino succeeded in having carnal knowledge with the victim. AAA was steadfast in her assertion that both the appellant and Kino had raped her, as a result of which, she felt pain. She also felt that something “sticky” came out of the appellant’s and Kino’s private parts. Second, the assailants employed force, threat and intimidation in satisfying their bestial desires. According to AAA, the appellant and Kino threatened to kill her if she refused to obey them. People of the Philippines v. Alias Kino Lascano, et al, G.R. No. 192180, March 21, 2012. Rape. In deciding rape cases, courts are guided by these three well-entrenched principles:(a) an accusation for rape is easy to make, difficult to prove and even more difficult to disprove; (b) in view of the intrinsic nature of the crime, the testimony of the complainant must be scrutinized with utmost caution; and (c) the evidence of the prosecution must stand on its own merits and cannot draw strength from the weakness of the evidence for the defense. As a result of these guiding principles, the credibility of the victim becomes the single most important issue.Furthermore, testimonies of child victims are given full weight and credit, for youth and immaturity are badges of truth. Here, the Supreme Court finds that the testimony of AAA is straightforward and convincing with no inconsistency with regard to the material elements of the crime of rape, and since all the elements of qualified rape were duly alleged and proved during the trial, accused-appellant’s conviction is affirmed. People of the Philippines v. Ben Rubio y Acosta, G.R. No. 195239, March 7, 2012.
Posted on: Sun, 04 Aug 2013 03:06:38 +0000
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