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PEOPLE vs RAMON MARI?O

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. RAMON MARI?O Y MINA, accused-appellant.

G.R. No. 132550 | 2001-02-19

D E C I S I O N

KAPUNAN, J.:

It has been consistently held that when a woman, especially one who is the daughter of the accused, cries rape, she has, in effect, said all that is necessary to establish that rape was committed against her.[1] However, does this principle still hold true if the victim cannot recall how the alleged rape was committed as she was asleep and never woke up throughout the incident? We answer in the negative.

On April 28, 1997, accused-appellant Ramon Mariño y Mina was charged with the crime of rape before the Regional Trial Court of Romblon, Branch 81. The information reads:

That on or about the 6th day of March,...