Title
People vs. Ramos y Barredo
Case
G.R. No. 115656
Decision Date
Jun 27, 1995
In this case, the court ruled that the threats and intimidation directed against the complainant should be viewed in the context of her perception and judgment at the time of the rape. The court also emphasized that physical resistance is not necessary to prove rape, and the intact hymen does not disprove the occurrence of rape. The court recognized the common reasons for delay in reporting and found no ill-motive on the part of the complainant. The court dismissed the defense of alibi and clarified that the accused can only be convicted of one count of rape based on the information filed.
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Case Digest (G.R. No. 115656)

Facts:

The case involves the accused-appellant, Nilo Ramos y Barredo, who was charged with two counts of rape against his niece, Maria Sierra Aguilar. The incidents occurred in September 1993, where the first rape occurred in a room near the pigpen, and the second rape occurred in the comfort room. The complainant did not immediately report the incidents to her mother due to fear that she would not be believed, as the accused-appellant was her own uncle. It was only a year later, after the accused-appellant was arrested for the suspicion of killing the complainant's father, that she felt safe to report the rapes.

Issue:

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Ruling:

  1. The threats and intimidation directed against the complainant should be viewed in the light of her perception and judgment at the time of the rape. Even though the accused-appellant was unarmed, the threats and intimidation must be considered in the context of the complainant's fear for her life and personal safety. The accused-appellant being her own uncle also exercised moral ascendancy over her.

  2. The absence of physical resistance and the intact hymen of the complainant do not affect the prosecution of the rape. The court explained that physical resistance is not necessary to prove rape, as fear and intimidation can prevent a victim from resisting. The intact hymen does not negate the occurrence of rape, as it is possible for a woman to have had previous sexual intercourse without rupturing the hymen.

  3. The delay in reporting the crime does not affect the credibility of the complainant. The court recognized that victims of sexual assault often delay reporting due to fear, shame, or other emotional factors. The court emphasized that the delay does not necessarily mean that the complainant's testimony is false or unreliable.

  4. The inconsistencies in the complainant's testimony regarding the time she reported the rape to the police do not affect her credibility. The court acknowledged that minor inconsistencies are expected in testimonies, especially when recalling traumatic events. The court considered the overall consistency and coherence of the complainant's testimony, which remained credible and reliable.

  5. The court found no ill-motive on the part of the complainant to falsely testify against the accus...(Unlock)


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