En Banc, Justice Vitug, PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. DANILO CATUBIG y HORIO, accused-appellant,  [G.R. No.  137842.  August 23, 2001]

In this case, Bermalyne's testimony is corroborated by medical findings of hymenal lacerations. Nor may the absence of physical injuries on Bermalyne preclude rape. In cases of incestuous rape, accused-appellant's moral ascendancy over the victim takes the place of violence and intimidation.24 [People vs. Bernaldez, G.R. Nos. 132779-82, January 19, 2000; People vs. Panique, G.R. Nos. 125763, October 13, 1999; People vs. Bartolome, 296 SCRA 615 (1998); People vs. Balmoria, 287 SCRA 687 (1998)] Moreover, for rape to exist, it is not necessary that the force or intimidation employed be so great or of such character as could not be resisted. It is enough that the intimidation produces such fear in the victim that if she does not yield to the demands of the accused, something grave would happen to her. Intimidation would also explain why there are no traces of struggle which would indicate that the victim fought off her attacker.25 [People vs. Manggasin, G.R. Nos. 130599-600, April 21, 1999; citing People vs. Cañada, 253 SCRA 277 (1996)] In fact, the law does not even impose a burden of proving resistance on the part of the rape victim.26 [People vs. Cantos, G.R. No. 129298, April 14, 1999.]

En Banc, Per Curiam, THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. BERNABE SANCHA, accused-appellant [G.R. Nos. 131818-19. February 3, 2000]