TEST TO DETERMINE WHETHER A WOMAN VOLUNTARILY SUBMITTED TO SEXUAL INTERCOURSE
Physical resistance is not the sole test to determine whether or not a woman involuntarily succumbed to the lust of an accused. Jurisprudence holds that even though a man lays no hand on a woman, yet if by array of physical forces he so overpowers her mind that she does not resist or she ceases resistance through fear of greater harm, the consummation of unlawful intercourse by the man is rape. (Pp. V. Mostrales; GR 125937, Aug.28, 1998)
DATE OF COMMISSION OF RAPE NOT ESSENTIAL ELEMENT OF SAID CRIME
It is settled that even a variance of a few months between the time set out in the indictment and that established by the evidence during the trial has been held not to constitute an error so serious as to warrant reversal of a conviction solely on that score. The failure of the complainant to state the exact date and time of the commission of the rape is a minor matter. (Pp. V. Bernaldez; GR 109780,Aug. 17, 1998)
EXAMPLE OF VIRTUAL CONFESSION OF FACT AND NOT IN LAW IN CASES OF RAPE
It is conceded that after the rape, Accused sent complainant two letters in which he implored her forgiveness and offered to leave his wife so that he could be with her. In fine, appellant sealed his own fate by admitting his crime under a seal of virtual confession in fact, if not in law. (Pp. V. Prades; GR 127569, July 30, 1998)
CHILD BORN BY REASON OF RAPE MUST BE ACKNOWLEDGED BY OFFENDER UPON ORDERS OF THE COURT
Furthermore, since ANALIZA begot a child by reason of the rape, DANTE must acknowledge and support the offspring pursuant to Article 345 of the Revised Penal Code in relation to Article 201 of the Family Code. (People v. Alfeche)
DWELLING AS AGGRAVATING CIRCUMSTANCE IN RAPE CASES
It is clear, however, that the aggravating circumstance of dwelling is attendant in the commission of the crime. Article 14(5) of the Revised Penal Code provides that this circumstance aggravates a felony where the crime is committed in the dwelling of the offended party, if the latter has not given provocation. In the instant case, the aforesaid circumstance of dwelling was definitely present in the commission of the crime of rape with the use of a deadly weapon. (Pp. V. Prades; GR 127569, July 30, 1998)
INDEMNITY IN CERTAIN CASES OF RAPE
The recent judicial prescription is that the indemnification for the victim shall be in the increased amount of P75,000.00 if the crime of rape is committed or effectively qualified by any of the circumstances under which the death penalty is authorized by the applicable amendatory laws. (Pp. V. Prades; GR127569, July 30, 1998)
MORAL DAMAGES NEED NOT BE ALLEGED AND PROVED IN CASES OF RAPE
Indeed, the conventional requirement of allegata et probata in civil procedure and for essentially civil cases should be dispensed with in criminal prosecutions for rape with the civil aspect included therein, since no appropriate pleadings are file wherein such allegations can be made. (Pp. V. Prades; GR 127569, July 30, 1998)
MEANING OF DEADLY WEAPON
IN CASES OF RAPE
A “deadly weapon” is any weapon or instrument made and designed for offensive or defensive purposes, or for the destruction of life or thee infliction of injury; or one which, from the manner used, is calculated or likely to produce death or serious bodily harm. In our jurisdiction, it has been held that a knife is a deadly weapon. (Pp. V. Alfeche; GR 124213, Aug. 17, 1998)
FORCE AND INTIMIDATION NOT NEEDED IN RAPE OF RETARDATE
Although the information alleged “force, threats, and intimidation”, it nevertheless also explicitly stated that Tessie is a “mentally retarded person.” We have held in a long line of cases that if the mental age of a woman above 12 years is that of a child below 12 years, even if she voluntarily submitted to the bestial desires of the accused, or even if the circumstances of force or intimidation or of the victim being deprived of reason or otherwise unconscious are absent, the accused would still be liable for rape under the 3rd circumstance of Art. 335. The rationale therefor is that if sexual intercourse with a victim under 12 years of age is rape, then it should follow that carnal knowledge of a woman whose mental age is that of a child below 12 years would constitute rape. (People v. Hector Estares; 12/5/97)
USE OF FORCE OR INTIMIDATION NOT AN ELEMENT OF STATUTORY RAPE
In any event, the use of force or intimidation is not an element of statutory rape. The offense is established upon proof that the accused sexually violated the offended party, who was below 12 years of age at the time of the sexual assault. In other words, it is not relevant to this case whether appellant slapped or boxed the victim, or whether he used a single-bladed or a double-edged knife. (People v. Oliva; 12/5/97)
RAPE CAN BE COMMITTED IN MANY DIFFERENT PLACES
It has been emphasized that rape can be committed in many different places, including places which to many would appear to be unlikely and high-risk venues for sexual advances. Thus, rape has been committed even in places where people congregate, in parks, along the roadside, within school premises, inside a house where there are other occupants, and even in the same room where other members of the family are also sleeping. (People v. Gementiza; 1/29/98)
WHEN SWEETHEART DEFENSE IS TENABLE IN RAPE
The “sweetheart” defense put up by the accused merits serious consideration. While the theory does not often gain favor with the court, such is not always the case if the hard fact is that the accused and the supposed victim are in fact intimately related except that, as is true in most cases, the relationship is either illicit, or the parents are against it. In such instances, it is not improbable that when the relationship is uncovered, the victim’s parents would take the risk of instituting a criminal action rather than admit to the indiscretion of their daughter. And this, as the records reveal, is what happened in this case. (People vs Rico Jamlan Salem, October 16/97)
