This oath vests credibility and trustworthiness on the document. Pag-alis po ni Kuya Pol ay agad akong kinausap ng nanay ko at tinanong, kaya po Pinasok ako ni bayaw sa kwarto ko na sa kanya, pero ang sinabi ko po ay daliri lang ang ginagamit ng tatay ko, natatakot po kasi ako na baka patayin kami ng tatay ko. If the victim is alleged to be below 12 years of age and what is sought to be proved is that she is less than 18 years old.
We, however, sustain the appellate court's acquittal of appellant in Criminal Cases No. It must be remembered that each and every charge of rape is a separate and distinct crime so that each of the other rape charges should be proven beyond reasonable doubt. Dirty and Raw. Start Reading like. Tapos po ng March 24, uli ng hapon ay pinasok ulit niya ako at ganon po ulit, inalis niya ang short ko at pumatong sa akin, ng nakapatong po siya ay biglang pumasok si Kuya Pol, iyon po yong karpintero na gumagawa ng bahay naming at nakita kami, kaya po biglang tumigil ang tatay ko, Pinasok ako ni bayaw sa kwarto lumabas na siya pero sinabihan ako ulit na huwag magsusumbong dahil papatayin kami.
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How did you resisted sicMadam Witness? T : Ano ang dahilan at narito ka ngayon sa aming tanggapan at nagbibigay ng isang malayang salaysay? If the victim is alleged to be below 3 years of age and what Pinasok ako ni bayaw sa kwarto sought to be proved is that she is less than 7 years old.
Why did you disclose the same to your mother?
Do you know why you were sic here, Madam Witness? In establishing the minority of the alleged victim, the courts are to be guided by our pronouncement in the case of People v. This is not to say, however, that the sworn statement should be given more probative value than the actual testimony.
In this regard, we cannot overemphasize the need for the prosecution to ask the necessary probing questions in order to elicit from a witness crucial details to establish the elements of the crime charged. Although BBB admitted that she was mad at appellant for the physical injuries he inflicted upon her, still, she stated that what drove her to issue her sworn statement on 26 March was appellant's rape of AAA.
Furthermore, a mother Pinasok ako ni bayaw sa kwarto BBB certainly would not expose her own daughter to the ignominy Pinasok ako ni bayaw sa kwarto a rape trial simply to retaliate against her husband for the transgressions, knowing fully well the life-long stigma and scars that such a public trial could bring. Likewise, AAA's sworn statement cannot be the basis for appellant's conviction for the second and third incidents of rape.
Become a Writer. If the victim is alleged to be below Hotalroom share bed sister xnxx years of age and what is sought to be proved is that she is less than 12 years old.
Again, I am sorry. In like manner, the court cannot give probative value to the sworn statement to the exclusion of the oral testimony. I was about to head home but I decided to go biking for awhile. The fact that a witness fails to reiterate, during trial, the contents of his sworn statement should not affect his credibility and render the sworn statement useless and insignificant, as long as it is presented as evidence in open court.
You will agree with me that the door of the room has a lock, Madam Witness? The best evidence to prove the age of the offended party is an original or certified true copy of the certificate of live birth of such party, Pinasok ako ni bayaw sa kwarto.
I was planning to go after my parents and my nephew when they visited my aunt to her store but when I arrived there, she told me they Samatha saing left.
How many bedrooms do you have in your house? S : Siya po. The failure of the accused to object to the testimonial evidence regarding age shall not be taken against Pinasok ako ni bayaw sa kwarto. Complementary to AAA's oral testimony, she confirmed the sworn statement which she executed before SPO4 Espiritu on 26 March upon redirect examination by the prosecutor.
In the absence of a certificate of live birth, similar authentic documents such as baptismal certificate and school records which show the date of birth of the victim would suffice to prove age. So, at the time you were rape you were inside your father's bedroom? The rule is settled that against the positive identification by the private complainant, Pinasok ako ni bayaw sa kwarto, the mere denials of an accused cannot prevail to overcome conviction by the trial court.
Rather, the sworn statement and the open court declarations must be evaluated and examined together in toto so that a full and thorough determination of the merits of the case may be achieved. Bilisan mo,ay bisita tayo. I bite my lips and a flash images of Search…اغتصاب سكس came into my mind, damn that guy. While it is alleged in the Informations that AAA was only 16 years old at the time the crimes charged were committed, nevertheless, the prosecution failed to substantiate said allegation.
WEWS 3 | Malibog kong kuya Part 2
Indeed, appellant could not offer any plausible reason which could have impelled AAA to bring these serious charges against him. Did the accused likewise, Pinasok ako ni bayaw sa kwarto, undress himself? S : Para po isumbong at ipakulong ang tatay ko na tatlong beses akong ni-rape at dalawang beses na ipinasok and daliri niya sa ari ko. Family stork Tagalog us the reason why you filed this case?
A sworn statement is a written declaration of facts to which the declarant has sworn before an officer authorized to administer oaths. Against the categorical statements of AAA, appellant could only offer the defense of denial and point to BBB as the brains Pinasok ako ni bayaw sa kwarto the institution of these criminal charges against him.
S : Noon pong March 21, 22, 23, 24, 25,lahat po ay mga ala-una hanggang alas dos ng hapon, sa mismo pong bahay namin sa XXX St. T : Tunay mo bang ama ang sinasasabi mong tatay mo na nag-rape sa iyo ng maraming beses? T : Sino ba ang tatay mo na sinasabi mo na nag-rape sa iyo ng tatlong beses? It is the prosecution that has the burden of proving the age of the offended party.
Sorry, my pride is on the way. Her answers during the prosecutor's examination are utterly lacking in material details that would warrant a finding of guilt beyond reasonable doubt. Such bare statements cannot suffice to establish accused-appellant's guilt with the required quantum of evidence.
In the absence of a certificate of live birth, Pinasok ako ni bayaw sa kwarto, authentic document, or the testimony of the victim's mother or relatives concerning the victim's age, the complainant's testimony will suffice provided that it is expressly and clearly admitted by the accused.
Agad pong pumunta ang nanay ko sa Barangay at nagsumbong, kaya po hinuli siya ng Barangay at dinala kami dito sa pulis. T : Maari mo bang ituro sa akin ang sinasabi mong tatay mo na nag-rape sa iyo?
Like really. You did not shout for help, Madam Witness? To recall, AAA declared in said statement that the rape which allegedly occurred on 24 March was the one witnessed by their carpenter Quiambao. While your father was raping you? We explained'. Please let me know when would be a good time for you to resched and I will definitely prioritize you.
Did anyone forced sic you to file a case against the accused herein? So I went on to explore this new place. On the other hand, the alternative circumstance of relationship under Article 15 of the Revised Penal Code should be considered against appellant since in crimes against chastity, like acts of lasciviousness, relationship is considered aggravating.
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We cannot overemphasize the importance of fixing with exactitude AAA's age, for under Article B of the Revised Penal Code, rape by sexual intercourse is punishable by the supreme penalty of death in case "the victim is under 18 years of age and the offender is a parent, Pinasok ako ni bayaw sa kwarto, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim. On the contrary, when AAA was subjected to cross-examination, she affirmed that appellant had indeed raped her, thus:.
Do you know for a fact that you filed a rape case against the accused in this case? Tapos kagabi nga po ng wala ang tatay ko ay nagpunta sa amin si Kuya Pol at kinausap ang nanay ko at narinig ko ng sabihin niya sa nanay ko na nakita niya ang tatay ko na nakapatong sa akin sa kwarto. Appellant contends, and the Court of Appeals and the Office of the Solicitor General agree with him, that the trial court erred in বেবি সেকà§à¦¸ à¦à¦¿à¦¡à¦¿à¦“ AAA's minority in determining the imposable penalties on him.
He was totally naked then? I am seventeen when I first saw it. Overall, that was a good biking experience. I felt so wasted that moment and the only thing I could think of was to just head home and play with my nephew just to release all the anger, stress, and disappointment I have felt the whole day.
How did he threaten you? We now turn to the appropriate penalties that should be imposed Pinasok ako ni bayaw sa kwarto appellant for the two counts of acts of lasciviousness and one count of rape. As regards the rape purportedly committed on 25 MarchAAA's sworn statement, like her testimony, Pinasok ako ni bayaw sa kwarto, contained a mere conclusion that she was raped by appellant on that day which we find insufficient to support a finding of appellant's guilt.
Such laconic responses on the part of AAA to the prosecutor's queries are grossly inadequate to sustain appellant's conviction. In what part of your house were you raped?
AAA's testimony pertaining to the second and third incidents of rape merely consists of the following:. What about the third rape, how did he XXXXWWXW sic it to you? This is all new to me. Pruna, 42 to wit:.
Ng pangatlong araw po, March 23, ay ganon po uli ang ginawa niya, pinasok po niya ako sa kwarto at tinutukan ng balisong, pero hinubad na po niya ang short ko at inihiga ako sa papag at naghubad din po siya at pumatong sa akin at ipinasok ang ari niya sa ari ko, hindi po ako pumapalag dahil natatakot po ako dahil may hawak siyang balisong habang gumagalaw siya sa ibabaw ko. In every case, the court should review, assess and weigh the totality of the evidence presented by the parties, Pinasok ako ni bayaw sa kwarto.
My knees are Pinasok ako ni bayaw sa kwarto, while my hands has it's own mind, still playing on my own clit while listening to the moan of a guy on some porn. Giving weight to a witness' oral testimony during the trial should not mean being oblivious to the other pieces of available evidence such as the sworn statement. Such bare-faced defense is obviously insufficient to overcome AAA's categorical claim of being raped and sexually molested by appellant.
However, on the witness stand, she declared that when Quiambao saw appellant on top of her, appellant had not yet inserted his penis into her Psor x. Servano, 33 the evidence which should be considered by the court in criminal cases need not be limited to the statements made in open court; rather, it should include all documents, affidavits or sworn statements of the witnesses, and other supporting evidence.
Wala po Pinasok ako ni bayaw sa kwarto nagawa kundi ang umiyak, hindi po ako makapagsumbong dahil sa pananakot niya na papatayin kami. Today I went biking around 5 in the afternoon. He is eight years older than me. What about the second rape, what did he do to you? When prodded to specify the acts done to her, she stated that her father "used her.
But at the time when Paul saw your father on top of you, his penis was not yet inserted in to your vagina?
G.R. No. - PEOPLE OF THE PHILIPPINES v. BENIGNO FETALINO y GABALDON
T : Maari mo bang isalaysay ang buong pangyayari? On the other part, Rafriel is Rafello's younger brother. If the certificate of live birth or authentic document is shown to have been lost or destroyed or otherwise unavailable, the testimony, if clear and credible, of the victim's mother or a member of the family either by affinity or consanguinity who is qualified to testify on matters respecting pedigree such as the exact age or date of birth of the offended party pursuant to Section 40, Rule of the Rules on Evidence shall be sufficient under the following circumstances:.
It happened at about to in the afternoon, Pinasok ako ni bayaw sa kwarto, Madam Witness? I decided to go back to that area because who knows, I might be able to discover more amazing stuff!
In this case, AAA's sworn statement which forms part of the records of this case supplied the details of the incidents she experienced during those fateful days in Marchthus:. When you stated in your statement that a certain Paul witnessed the incident, when was that? To my surprise, he ignored me! To our mind, such contention is unavailing.
At Black dress Indian very young age, she fantasize Rafello who is eight years older than her and Rafello is already engaged. We find merit in this Pinasok ako ni bayaw sa kwarto. In fact, her testimony does not even state whether appellant's penis even touched her vagina at all.
All he could muster was to claim in the trial court that BBB was furious at him and that the two of them engaged in frequent fights. In the absence of a statement that appellant's penis touched even just her labia majora, we have to acquit him for the 24 March incident.
Do you have a neighbor, Madam Witness? When I was about to head back to the entrance where the guard house is erected after going round to the different streets, I noticed that my first learning center Teacher Aida where I used to attend pre-school now has an elementary school! In the case at bar, we cannot simply rely on BBB's unsubstantiated claim with regard to AAA's age, particularly since the loss of her birth certificate was not sufficiently established.
Who is obsessed with Jeana, and he manipulate Jeana, Pinasok ako ni bayaw sa kwarto, just to trick and make sure that Jeana will stay at Rafriel's side. When the accused inserted his penis into your vagina, you did not resisted sic? As we had elucidated in the case of People v. T : Kailan, saan at anong oras nangyari ang sinasabi mong pangre-rape na ginawa sa iyo ng tatay mo? Meaning he undressed you and he inserted his private organ to your private organ? You stated in your affidavit that your father was on top of you when Paul see sic you?
When did you finally decide to disclose what happened to you to Pinasok ako ni bayaw sa kwarto, Madam Witness? He is engaged with that woman, a arrange marriage and I know that he don't like that idea. In this case, we have gone over the testimony of AAA and her sworn statement and cannot agree in Pinasok ako ni bayaw sa kwarto trial court's conclusion that appellant's guilt had been sufficiently established.
Hindi pa rin po ako nagsumbong, kaya kahapon po, March 25, ay inulit na naman niya ang ginagawa niyang pangre-rape sa akin.