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Medico Legal Cases Philippines

When the matter went to HQ, the appeal was dismissed. The verdict was upheld because prosecutors were able to establish that Arman had carnal knowledge of the AAA against his will through violence and intimidation. The Court of Appeal recalled that there is no standard reaction to expect from a rape victim, noting that the absence of resistance from the victim does not make sexual congress voluntary. In this case, the minority of AAA and the physical differences between it and Arman are factors that must be taken into account. The alleged inconclusiveness of the forensic findings is irrelevant, as it is not indispensable for the proof of rape cases. There is also no evidence of an improper motive on the part of the AAA to falsely accuse and testify against Arman. With respect to the sentence imposed, Arman was also ordered to pay statutory interest on the civil damages and damages awarded to the private plaintiff, at the rate of six percent (6%) per annum from the date of final decision until full payment. Moreover, as is apparent from the record, the impugned findings and decisions were not based solely on the AAA`s testimony. The testimony of other prosecution witnesses corroborating the AAA`s testimony was also considered. x x x Although it has been decided in the past that the accused can be convicted in rape cases solely on the basis of the testimony of the victim who has passed the credibility test, in this case there is more than enough evidence to reach such a conclusion. The prosecution presented five witnesses: AAA, his mother BBB, barangay tanods Edvic Ballescas and Felix Juera, PO1 investigator Rhona Mea Padojinog and forensic pathologist Dr. Jesille Baluyut. Only Arman testified for the defense.

Overall, the defendant attacks AAA`s credibility by claiming that her testimony is incredulous and contrary to human nature and experience: first, although she did not know Arman, who also appeared drunk at the time, she willingly went with him to sweep or clean up an unfinished building. Secondly, she did not try to attract the attention of the old woman who was selling her wares on the ground floor. Her cry was even seen as a natural part of her sexual convention and not a desperate cry for help. She also didn`t approach the old lady and didn`t say anything to her when she came out of the building. Instead, she simply went home as if nothing terrible had happened. Third, there was no evidence that Arman used violence, threats or intimidation before, during and after the incident. AAA offered no resistance or tried to escape, but readily accepted copulation and accepted it as an adventure. Although stated in the affidavit and affirmed in the information, the fact that he used violence by twisting her arms was never testified in court.

And fourth, the forensic findings show that AAA was clearly no longer in a pristine state, given the deeply healed lacerations on her hymen, the cause of which was caused much earlier than at the time of the alleged rape incident. For the trial court, the AAA`s account of Arman`s sexual abuse reflected an honest and not repeated statement, without fabricating any evidence of lying or attempt. His simple and straightforward way of describing his ordeal, confirmed by police records and medical examiner`s statements, was a sign of truthfulness. The behavior of her behavior after the sexual assault was indicative of her opposition to Arman`s monstrous acts, and the actions she took were just a natural reaction from a rape victim. Their claim of sexual violence is more credible and real because it conforms to human experience. On the contrary, Arman`s denial that he did not know AAA deserves little attention, as he stated that she knew of him and that his denial was not supported by any other evidence. Even if we accept as a fact that AAA is no longer a virgin because the deeply healed lacerations on her hymen were inflicted much earlier than at the time of the alleged rape incident, this does not automatically lead to Arman`s acquittal. Suffice it to say that a forensic report is not essential for the prosecution of a rape case; This is evidence that is only corroborating. [13] The Philippine forensic investigation system is flawed. This was evident in the case of Christine Dacera, the 23-year-old flight attendant who was found dead in a hotel bathtub in Makati on New Year`s Day 2021. The legal group ImagineLaw examined the Philippines` medical legal system, highlighted its shortcomings and suggested solutions to fill those gaps. There is no reversible error in the FIU`s findings of fact and legal findings, as confirmed by the CA.

Similar to People v. Alberca,[11] We judge: The story of Dakera is not an isolated case. Many murders have become controversial due to autopsy problems and forensic reports. How can we prevent another case like theirs? [2] Written by Presiding Justice Gloria Butay-Aglugub (CA rollo, pp. 28-37, 80-89; Notes, pp. 117-126). If you think this request is not appropriate, you can report it to the site administrators. In the appeal proceedings, we are seized of the decision1 of the Court of Appeal (CA) of July 11, 2014 in CA-G.R.

CR-H.C. No. 05610, by which the decision2 of the Regional Court of First Instance (RTC) of San Mateo, Rizal, division 76, dated 20. In December 2010, Ludigario Belen y Marasigan (appellant) was convicted of two counts of simple rape. On 2 February 2006, the complainant was charged with aggravated rape under section 266-A(1)(a) in conjunction with section 266-B(6)(1) of the revised Penal Code, as amended by Republic Act (RA) No. 8353 and more broadly related to section 5(a) of RA 8369 in two separate pieces of information. whose accusing parties stipulate:chanRoblesvirtualLawlibrary That on or about 26. January 2008 in the city of Las Piñas, Philippines and within the jurisdiction of this honorable court, the above-mentioned defendants acted intentionally with suggestive intent, unlawfully and criminally engaged in carnal intercourse with a twelve-year-old (12) year old, by violence, threat or intimidation, against her will and consent, by twisting their arms and exposing them to child abuse, degrading, humiliating and humiliating their intrinsic worth and dignity as human beings. [4] On February 8, 2010, Arman was convicted by the RTC. The case of the decision reads as follows: [3] Pursuant to Section 266-A(1) of the Revised Penal Code, as amended by Republic Act No. 8353 in conjunction with Section 5(b) of Republic Act No. 7610.

[13] See People v. Agudo, G.R. No. 219615, June 7, 2017. Listen wherever you get your podcasts. – Rappler.com The prosecution and the defense agreed to establish Juera`s alleged testimony, namely: As for damages, they are to be increased from 50,000.00 to 75,000 pesos. In accordance with People v. Jugueta,[14] arbitral awards for civil compensation, moral prejudice and exemplary damages should each be 75,000.00 pesos. CA correctly charged interest at the rate of six percent (6%) per annum on all cash rewards. The police prematurely declared that she had been the victim of rape, without foundation.

The autopsy report was also created after his body had already been embalmed, making it nearly impossible to uncover the truth about his death. Similarly, PO1 Padojinog`s testimony was quashed after the prosecution offered and the defense admitted the following statement of fact: This request link was copied to the clipboard. Paste anywhere to share anywhere. There are no comments yet. Add your comment to start the conversation. Finally, the unfounded denial and alibi of the respondent and plaintiff cannot prevail over the AAA`s clear, persuasive, and direct statement. THEREFORE, BY WAY OF AMENDMENT, THE COURT AFFIRMS THE DECISION OF THE COURT OF APPEAL OF MAY 22, 2015 in CA-G.R. CR-HC No. 05269, in which the defendant Armando Labraque alias «Arman» is found guilty beyond doubt of the crime of rape and is sentenced to life imprisonment and to pay AAA the amounts of 75 pesos, 000.00 pesos as civil compensation, 75,000.00 pesos as moral prejudice and 75,000.00 pesos as exemplary damages.

In addition, interest of six percent (6%) per annum will be charged on all amounts awarded, calculated from the date of finality of this decision until full payment. 1. that she is a police officer assigned to the Office for the Protection of Women and Children of the Police Station of the City of Las Piñas; 2. that it carried out an audit on 27 January 2008, the results of which were recorded in writing; 3. that it was able to identify the investigation report (Exh. «G») prepared them and their signature (Exh. «G-1»); and 4. that she has no personal knowledge of the alleged incident. [8] We therefore agree with RTC and CA in applying the jurisprudential principle that the testimonies of child victims have their full weight and recognition, because when a woman or girl says she was raped, she is essentially saying everything necessary to prove that rape has been committed.