Back

People of the Philippines vs. Jenny Tumambing y Tamayo

PEOPLE OF THE PHILIPPINES, Appellee, vs. JENNY TUMAMBING y TAMAYO, Appeellant.

G.R. No. 191261 | 2011-03-02




SECOND DIVISION

D E C I S I O N


ABAD, J.:


This case is about how the credibility of the rape victim's identification of her attacker often depends on her spontaneous actions and behavior following the rape.


The Facts and the Case


The city prosecutor charged the accused Jenny Tumambing (Tumambing) with rape in Criminal Case 04-227897 of the Regional Trial Court (RTC) of Manila.


DK,1 the complainant, testified that at around 2:00 a.m. on June 26, 2004 she went to sleep, leaving the lights on, at her cousin's rented room. She was startled when somebody entered the room after she had turned off the lights. The intruder, a man, poked a knife at DK...