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FALSE ACCUSATION OF RAPE |
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The embarrassment and stigma of allowing an examination of her private parts and testifying at a public trial on the painfully intimate details of her violation effectively rule out the possibility of a false accusation of rape.10 [People vs. Pontilar, Jr., 275 SCRA 338, 350 citing People vs. Ramirez, G.R. No. 97920, January 20, 1997; People vs. Dela Cruz, 251 SCRA 77, 85; People vs. Sanchez, 250 SCRA 14, 20.]
Appellant contends that his wife merely used their daughter as an instrument to prevent him from filing adultery charges. This argument is too shallow. It is unnatural for a parent to use her offspring as an engine of malice, especially if it will subject them to embarrassment and even stigma. 22 [People v. Silvano, G.R. No. 127356, June 29, 1999, p. 18; People v. Escober, 281 SCRA 498, 505 (1997).] In the same vein, it is unbelievable for a daughter to charge her own father with rape at the expense of being ridiculed, 23 [People v. Silvano, G.R. No. 127356, June 29, 1999, p. 19; People Gabayron, 278 SCRA 78, 91-92 (1997).] merely because he spanked her. Parental punishment is not a good reason for a daughter to falsely accuse her father of rape. 24 [People v. Cabanela, 299 SCRA 153, 161 (1998).] It would be the height of depravity for a young woman to concoct a story which would put her own father for most of his remaining life in jail, if not put him to his death, and drag herself and the rest of her family to a lifetime of shame. 25 [People v. Acala, G.R. Nos. 127023-25, May 19, 1999, p. 14; People v. Melivo, 253 SCRA 347, 362 (1996).] "If her story had
only been contrived, she would not have been so composed and consistent
throughout her entire testimony in the face of intense and lengthy
interrogation."40
[People vs. Perez, 296 SCRA 17, 27 (1998)] Justice Pardo, First Division, People v. Abalde [G.R. No. 123113. March 31, 2000]
Again, the Court takes judicial notice of the fact that it is highly inconceivable that a young barrio lass, such as the herein complaining witness, Marites Eliang, "would fabricate a charge of defloration, allow a medical examination of her private parts, subject herself to public trial, and tarnish her family’s honor and reputation unless she was motivated solely by a potent desire to seek justice for the wrong committed against her."70 [People v. Dacoba, 289 SCRA 265 (1998), citing People v. Esguerra, 256 SCRA 657 (1996). See also People v. Taneo, 284 SCRA 251 (1998), citing People v. Dado, et al., supra; People v. Guibao, 217 SCRA 64 (1993); People v. Derpo, 168 SCRA 447 (1988); People v. Selfaison, et al., 1 SCRA 235 (1961).]
Justice
Puno, First Division, Peoplve v. Mitra [G.R. No. 130669. March 27,
2000]
Besides, no evil motive has been established against the witnesses for the prosecution that might prompt them to incriminate the accused or falsely testify against him. It is settled that when there is no showing that the principal witnesses for the prosecution were actuated by improper motive, the presumption is that the witnesses were not so actuated and their testimonies are thus entitled to full faith and credit.41 [People v. Hernandez, G.R. No. 108027, March 4, 1999.] Testimonies of witnesses who have no motive or reason to falsify or perjure their testimonies should be given credence.42 [People v. Gecomo, 254 SCRA 82 (1996); People v. Quilang, G.R. Nos. 123265-66, 12 August 1999.] CJ Davide, First Division, People v. Gallarde [G.R. No. 133025. February 17, 2000]
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