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    G.R. No. 152589 & 152758 January 31, 2005 People of The Philippines, Appellee, Antonio Mendoza Y Butones, Appellant

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    cmptmarissa
    Antonio Mendoza y Butones was accused of raping his daughter. On the night of March 18, 1998 while the mother was away, he stripped his daughter naked, kissed and touched her breasts, and rubbed his naked body against hers while she was unconscious. When she regained consciousness, she saw blood in her thigh from her vagina. While there were some inconsistencies in her testimony regarding details like the number of times she was raped and when her mother returned, the court ruled these were only minor details that did not undermine the fact that rape occurred. Consistency in the major details of the violation outweighed attempts to question her credibility. Minor inconsistencies are normal for a rape victim recounting a traumatic experience and

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    G.R. No. 152589 & 152758 January 31, 2005 People of The Philippines, Appellee, Antonio Mendoza Y Butones, Appellant

    Uploaded by

    cmptmarissa
    141 views1 page
    Antonio Mendoza y Butones was accused of raping his daughter. On the night of March 18, 1998 while the mother was away, he stripped his daughter naked, kissed and touched her breasts, and rubbed his naked body against hers while she was unconscious. When she regained consciousness, she saw blood in her thigh from her vagina. While there were some inconsistencies in her testimony regarding details like the number of times she was raped and when her mother returned, the court ruled these were only minor details that did not undermine the fact that rape occurred. Consistency in the major details of the violation outweighed attempts to question her credibility. Minor inconsistencies are normal for a rape victim recounting a traumatic experience and

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    Case Digest

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    Mendoza

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    Antonio Mendoza y Butones was accused of raping his daughter. On the night of March 18, 1998 while the mother was away, he stripped his daughter naked, kissed and touched her breasts, and rubbed his naked body against hers while she was unconscious. When she regained consciousness, she saw blood in her thigh from her vagina. While there were some inconsistencies in her testimony regarding details like the number of times she was raped and when her mother returned, the court ruled these were only minor details that did not undermine the fact that rape occurred. Consistency in the major details of the violation outweighed attempts to question her credibility. Minor inconsistencies are normal for a rape victim recounting a traumatic experience and

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    141 views1 page

    G.R. No. 152589 & 152758 January 31, 2005 People of The Philippines, Appellee, Antonio Mendoza Y Butones, Appellant

    Uploaded by

    cmptmarissa
    Antonio Mendoza y Butones was accused of raping his daughter. On the night of March 18, 1998 while the mother was away, he stripped his daughter naked, kissed and touched her breasts, and rubbed his naked body against hers while she was unconscious. When she regained consciousness, she saw blood in her thigh from her vagina. While there were some inconsistencies in her testimony regarding details like the number of times she was raped and when her mother returned, the court ruled these were only minor details that did not undermine the fact that rape occurred. Consistency in the major details of the violation outweighed attempts to question her credibility. Minor inconsistencies are normal for a rape victim recounting a traumatic experience and

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    © All Rights Reserved
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    G.R. No.

    152589 & 152758

    January 31, 2005

    PEOPLE OF THE PHILIPPINES, appellee,


    vs.
    ANTONIO MENDOZA Y BUTONES, appellant.
    FACTS:

    On the night time of March 18, 1998,while the mother of the victim was not in the house
    appellant's unclothed and being which he rubbed against the torso of his daughter
    whom he had also stripped of clothing, his acts of kissing and touching the victim's
    breasts while the latter was flat on the bed and rendered purposely unconscious by
    appellant, evidently demonstrate the intent of appellant to have carnal knowledge of her
    against her will. The victim vividly narrated the she was threatened to kill her if she tell
    to somebody the overt act of his father after which the appellant boxed her stomach that
    cause her unconsciousness and when regained consciousness she saw blood in her
    thigh coming from his vagina.
    In the case at bar, the alleged inconsistencies in private complainant's
    testimonies pertain to the number of times when she was raped by accused-appellant
    and the date when her mother, Leonida Mendoza, actually came back from San
    Narciso, Quezon, to their house at Barangay Lakip, Atimonan, Quezon. In her testimony
    on 29 March 2001, private complainant claimed that her mother returned to their house
    on 19 March 1998 - the day after the first incident of rape. On the other hand, Leonida
    testified that she stayed in San Narciso for one week.
    ISSUE: W/N inconsistency of testimony weaken the allegation of rape case to the
    accused?
    HELD : No. " Inconsistencies on matters of minor details do not detract from the actual
    fact of rape." Verily, private complainant's consistent retelling of the relevant details
    regarding the violation of her person by her own father far outweighs the latter's
    persistent assault on her credibility and candor.
    In any case, it is a doctrine in criminal law that minor inconsistencies in
    testimonies strengthen rather than weaken the witness' credibility for they eliminate the
    impression of a rehearsed testimony. Particularly in rape cases, this court does not
    expect a rape victim to recall every minute detail that occurred during her horrible
    ordeal.

    case no. 10

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