Tuesday, February 14, 2012

Rape of a married woman - G.R. No. 183093

G.R. No. 183093

"x x x.

In the determination of the innocence or guilt of the accused in rape cases, courts are guided by the following principles:

(1) an accusation for rape can be made with facility; it is difficult to prove but more difficult for the accused, though innocent, to disprove; (2) in view of the intrinsic nature of the crime of rape in which only two persons are usually involved, the testimony of the complainant must be scrutinized with extreme caution; and (3) the evidence for the prosecution must stand or fall on its own merits, and cannot be allowed to draw strength from the weakness of the evidence for the defense.[12]

Inasmuch as only two persons are usually involved in rape cases, the settled rule is that the lone uncorroborated testimony of the offended victim, so long as the testimony is clear, positive, and probable, may prove the crime as charged.[13]

x x x."