‘Father who rapes own daughter has no place in PH society’ — SC

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 ‘Father who rapes own daughter has no place in PH society’ — SC 



The Supreme Court (SC) declared: 

“A father who rapes his own daughter, whom he is supposed to protect, descends to a level lower than the lowly animal….” 


DOCTRINE: 

• The trial court further declared that between self-serving denials of the father and the positive account of the incident made by the daughter, it is the version of the latter that inspires and deserves belief. 


• It also said that it would be incredible for a girl to falsely impute to his own father the commission of the crime of rape against her. 


• “It is settled that when a woman says that she has been raped, she says in effect all that is necessary to show that rape has been committed, and that if her testimony meets the test of credibility, the accused may be convicted on the basis thereof. 


• “The testimony of a rape victim is credible where she has no motive to testify against the accused. 


• “For a conviction for Qualified or Incestuous Rape under Art. 266-A and Art. 266-B of the RPC to hold, the prosecution must categorically prove the following elements: (1 )Accused had carnal knowledge of a woman; (2) Such act was accomplished through force, threat or intimidation; (3) The victim is under 18 years of age at the time of the rape; and (4)The offender is a parent of the victim.


• “The defenses of alibi and denial of the accused-appellant cannot prevail. His alibi was unsubstantiated by clear and convincing evidence. 


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POLITICAL LAW
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REMEDIAL LAW
Bar Q&A (2023 Ed.) - Remedial Law - Prof. Manuel Riguera - Central - Questions and Answers 
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LABOR LAW
Bar Q&A (2023 Ed.) - Labor Law - Benedict Guirey Kato - Questions and Answers - Central 
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ETHICS 
Bar Q&A (2023 Ed.) - Legal Ethics - Ed Vincent Albano - Questions and Answers 
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CIVIL LAW
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CRIMINAL LAW
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COMMERCIAL LAW
Bar Q&A (2023 Ed.) - Commercial Law - Dean Nilo Divina - Central - Questions and Answers 
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https://mb.com.ph/2023/02/12/father-who-rapes-own-daughterhas-no-place-in-ph-society-sc/

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