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People vs. Salazar y Granada

PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. JOSELITO SALAZAR Y GRANADA, ACCUSED-APPELLANT.

G.R. No. 239138 | 2021-02-17

THIRD DIVISION
 
D E C I S I O N
 
LEONEN, J.:
 
People react differently to distressing situations. In rape cases, victims are not burdened to show physical resistance when they are intimidated. Intimidation is addressed to the victim's perception and is, therefore, subjective.[1] This Court will not burden victims of rape of proving physical resistance, especially when their assailants assaulted them and coerced them with a lethal weapon.
 
The Court of Appeals elevated the records of this case to this Court in compliance with its Resolution, which gave due course to the Notice of Appeal filed by accused-appellant...