She was hogtied instead. Gemma Amadeo likewise. Their male companion, Robert de la Cruz was mauled. The victim, Elisa Cordova, was pulled from them to a grassy place about gay male escorts fort lauderdale meters away by one of the men, whom they 96009 dick 96009 recognized as the accused, Edmund Empleo.
Her friend, Elisa Cordova, struggled. When the latter was 96009 dick 96009 to free herself, she ran away. Edmund Empleo overtook. From her place she witnessed when accused forced Elisa Cordova to lie down against the bushes. She did not know what happened thereafter because Elisa was dragged further to the thicket. They were taken to a place, farther from the scene of the incident where they were untied by the companions of the accused, who took pity on. They asked help from the house of her friend, Gemma Amadeo, and when they returned to the place, the policemen were already there and 96009 dick 96009 the victim to the hospital.
Manuel Ampo, also a physician, attended to the victim, Elisa Cordova. He conducted a medical examination on the patient, who massage places in hickory nc more or less 8 injuries, consisting of linear abrasions in the neck, left breast, anterior chest, right forearm, 96009 dick 96009 hand, left knee and back, as shown in the Medical Certificate Exh.
The injuries could have been due to the forcible contact of the skin with rough objects. The gravity of the abrasions in the forearm, chest, breast and knee indicated that the victim, was held by the hands and those found below the scapula may have been caused when the patient was forcibly laid down on a rocky or rough surface.
These abrasions at the time of his examination were fresh. Scab formations were absent. The defense, upon the other hand, presented one Reynaldo Orofeo, a close friend and neighbor of the accused, Edmund Empleo. He averred that on March 14,at 7: The accused had just arrived from Butuan City. Not having seen his friend 96009 dick 96009 a year, he wanted to have a longer conversation with. He invited the accused to his house that evening.
During the time call girls in devanahalli they were 96009 dick 96009 a drink, he remembered that the accused went out of the dlck only to urinate in their yard.
They parted 9: The accused works at the residence of Col. They met each other again during the 96009 dick 96009 celebration of his daughter on March 19, where accused 96009 dick 96009 his lunch and left at 2: As a very close friend of the accused, he visited the latter at the Mabolo Police Station and inquired as to the 96090 of his arrest and detention.
The 960009 informed him that he was a suspect in a rape case which happened at the Top Hills and requested him to testify for. Virgilio Oronan, Security Officer of scavenger hunt date night ideas Land Bank, and who resides more or less meters from the Top Hills, 96009 dick 96009 not remember of sic any unusual incident that happened in their vicinity 9609 the evening 96009 dick 96009 March 14, When accused was flashed on the TV screen, as the one who committed dixk, he could not believe that Edmund Empleo would commit such crime because there were previous incidents of rape which happened in the same place while the latter was still in Mindanao.
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He knew the accused for the first time only when he visited him at BBRC, because the latter's brothers and sisters are his friends. Accused, Edmund Empleo, averred that he lives in the house of Col. Tiburcio Fusillero at Wales ND bi horny wives Valley Subd. He enlisted in the Philippine Army and while waiting for the oathtaking, Col. Fusillero sent him to Butuan City to work in a logging company owned by a certain Magsaysay, in July On March 13,he left Butuan City, after he received a letter from his brother informing him that the Civil Engineering Battalion was receiving applicants for enlistment at Camp Lapulapu of this city.
He arrived in 96009 dick 96009 City on March 14, at 6: On his way to the residence of Fusillero, he passed by the house of his friend, Reynald Orofeo in Camputhaw, about, 80 to meters from the Top Hills and which would take him 2 to 3 minutes by walking.
They had a brief conversation. He returned to his friend's house in the evening, upon the latter's invitation. After partaking dinner, they drank 5 bottles of "macho beer". After 9: On March 19,he returned to his friend's meet senior christian singles, to attend the birthday of 96009 dick 96009 latter's 96009 dick 96009 and as usual, they dr a nk together until 2: In the evening, he met his brother, Edgar, who was in the company of two 2 PC soldiers.
Shortly after 8: The latter 96009 dick 96009 to him in private and inquired as to the whereabouts of a certain Jack, who also lived in the residence of Col. Fusillero, and who was responsible for a series of robberies at Top Hills. When he informed Sgt. He was detained at the Mabolo Police Station.
On March 20,he was brought to the Fiscal's 96009 dick 96009 and was investigated regarding the rape and the robbery cases filed against.
Presently, he is detained at the BBRC. But he had no reason to suspect that they would testify against.
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On September 28,the court below rendered judgment 96009 dick 96009 finding appellant, guilty beyond reasonable doubt of the crime of rape and sentencing him to suffer the penalty of reclusion perpetuawith all the accessory penalties, and to indemnify the victim, Elisa Cordova, in the sum of P3, His impugnation, of complainant's testimony 4 may be condensed in the following precis:.
In the second paragraph of her affidavit, she declared that while she was lying on 96009 dick 96009 ground appellant tore her underwear and she was denuded but in her testimony on cross-examination, she told the court that she was not naked when appellant's penis penetrated her vagina. Her panty was removed and she was also undressed. In the third paragraph of said affidavit, complainant alleged that she became unconscious after the incident in question happened, but in her direct testimony, she told the court that while appellant was having carnal knowledge of her, she resisted, but she was boxed and lost consciousness and when she regained consciousness, appellant told her to lie.
Again, appellant boxed her and she lost consciousness. During her testimony, complainant stated that while she was lying flat on the ground and while appellant was already on top of her, she picked up a stone and struck his head but she failed to hit it. She picked up the stone while the penis of appellant was already inside her vagina. During cross-examination, she testified that she was forced 96009 dick 96009 lie down and at the point 96009 dick 96009 a gun she was boxed on the i want a man from Boynton Beach Florida, particularly on her solar plexus, for which reason she became unconscious.
After she was sexually abused, she was again boxed by appellant on her abdomen because she resisted and again she became unconscious. She was boxed asain pussy massage 96009 dick 96009 times, that is, before and after she was sexually abused.
This material matter was never alleged by complainant in her sworn affidavit. Complainant further alleged during the cross-examination that she reported the incident to the police authorities only after appellant was arrested and brought to the police station, that is, on March 19, or five days after the incident in question.
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Before said difk, she did not execute any affidavit because appellant was not yet 96009 dick 96009 and she did not know whether he was the same person who sexually abused.
In other words, before the arrest 96009 dick 96009 appellant, complainant did not know his identity until he was arrested brought to the Mabolo Police Station, Cebu 96009 dick 96009. However, in dcik to the question propounded by the trial court, she testified that at the time of the incident she knew the person of appellant but she did not know his name, which was the reason why she executed the affidavit only after appellant was arrested.
During her cross-examination, complainant told dkck court that the scene of the incident was dark, with no electric light posts, but at the time of the incident the moon was very bright.
However, as shown by the calendar for the month of March,the new moon emerged on March 8 and the first quarter was 96090 March 15,hence it cannot be said that at the time of the incident the moon was really very bright. Complainant even failed to present before the court the panty which, according to her, was forcibly taken from her body and the 9600 uniform she was wearing at the time, to show how the panty was torn and how the school uniform got dirty since, according to her, she forcibly resisted by moving her body to trail City South Dakota sex contacts the sexual attack of appellant.
96009 dick 96009 Said witness also testified that the place was then lighted 9609 a watt bulb, contrary to the testimony of complainant that at the time of the incident there was no illumination, except the light coming from the moon. The basic issue posited here primarily devolves on the credibility of complainant and her witness.
As we have earlier noted, the long settled proposition is that when an appealed conviction hinges 96009 dick 96009 the credibility of witnesses, the assessment of the trial court is accorded the highest degree of respect.
Absent any proper reason to depart from this 96090 rule, factual conclusions reached by the lower court, which had the opportunity to observe and evaluate 90609 demeanor of the witnesses while on the singles webcam Greifswald horny senior women 37128 stand, should not be disturbed. In the case at bar, we are persuaded sexy girl with hours uphold the finding of guilt by the trial court in light of its pronouncement 96009 dick 96009 to the demeanor of the complainant during her testimony which, according to the court, "bears 96009 dick 96009 hallmark of truth and sincerity," and "was straightforward, though punctuated by her shyness, naivet e dkck tearful increments, that stood the test of rigorous cross-examination by the defense counsel.
First, while there may exist a variance between some statements of complainant in her affidavit and her testimony in open court, the alleged inconsistencies are more apparent than real.
The truth is that in her testimony before the trial court, complainant merely gave a more detailed narration of how appellant sexually abused her on that fateful night of March 14, Such fact, of course, does not necessarily online guna matching for marriage that her open court testimony conflicts with her affidavit. The contradiction between the affidavit and the testimony of a witness may be explained by the fact that an affidavit will not always disclose all the facts and will oftentimes and without design incorrectly describe, without the deponent detecting it, some 96009 dick 96009 the occurrences narrated.
Further, affidavits are not complete reproductions of what the declarant has in mind because they are generally prepared by the administering officer and the affiant simply signs them after the same have been 96009 dick 96009 to.
The exception to the rule is where the omission in the 96009 dick 96009 refers to a very important detail such that the affiant would not have failed to mention it, and which omission could affect the affiant's credibility.
Such exceptive circumstance does not obtain in the present case. The alleged omissions in the affidavit of complainant are 96009 dick 96009 that vital and substantial as to affect single mother iso father credibility.
The more important detail which is really material to the case, and which is categorically declared and explained both in the affidavit and in complainant's testimony, is the fact that appellant had carnal knowledge of complainant without her consent.
Second, there is no discrepancy in the statements made by complainant in her affidavit, where she declared that she was stripped naked during the assault, and in her oral testimony, where she said that she was not naked when appellant did the sexual act.
This seeming inconsistency was later clarified by complainant in her testimony where she explained that what she really meant by the word "naked" is 96009 dick 96009 she had no underwear but she 96009 dick 96009 her uniform on. Third, the defense claims that if it were true that complainant was able 96009 dick 96009 recognize her assailant, it is highly questionable why she came to know the identity of appellant only after the latter had been arrested and brought to the Mabolo Police 96009 dick 96009.
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The argument is specious. Complainant testified in no uncertain terms that although she did not know the name of her assailant at 96009 dick 96009 time, nevertheless she was able to describe him as a fat person with a big stomach, long hair and dark complexion, thus:.
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Didk Did you give any description of sic identifying marks of the person or suspect to the police authorities? Even during her 96009 dick 96009 examination wherein the defense counsel tried to mislead and confuse her as to 96009 dick 96009 identity of her assailant, this excerpt of the transcript shows that complainant did not waver in her identification st louis call girl appellant as the one who raped her:.
Q And you cannot be positive that there is only one 1 person living there at sic with a big stomach, a fat person, long hair and black skin?
A I was informed by the people there that there is no other person who has a big stomach, long hair and fat. Dicl Did you examine or see 69009 by one the 96009 dick 96009 living in that locality known as Top Hills?
Q And as a matter of fact the description of a person with a sic long hair, big 9600, black skin and fat was given only to you by somebody? A I really saw him and he has a 96009 dick 96009 stomach. More importantly, wife wants sex Audubon is significant 96009 dick 96009 complainant was able to identify appellant in open court despite the fact that the latter, obviously to evade identification, had dici had his hair cut 96009 dick 96009 and 96009 was a slight change in his physical build.
Hence, by the bare fact alone that complainant did not know the name of herein appellant, we cannot safely conclude that the identity of the assailant was not sufficiently established. In one case we held that:. It is the appellants' view that the identities of the 9609 of a crime can be established only if the witnesses know the names of the malefactors.
This is puerile reasoning. Identification of a person is not established solely through knowledge of the name of that person. Familiarity with the physical features, particularly those of the face, is actually the best way to identify the person. One dic, be familiar with the face but not necessarily the. It does not 96009 dick 96009 therefore, that to be able to identify a person, one must first know his. Fourth, the fact that complainant testified that 96009 dick 96009 was able to recognize appellant because at that time the gay massage dallas was very bright, when in truth and in fact it was a first quarter moon, does not serve to discredit her entire testimony.
Even where a witness is found to have deliberately falsified the truth in some particulars, and it was not shown that there was such intended prevarication by complainant in this case, it is not required that the entire testimony be rejected, since such portions thereof deemed worthy of belief may be 69009. At any rate, the declaration of complainant is not really incredible.
It is not inconceivable that complainant may have wrongly perceived the light coming from the lamp post as having come from the moon. Furthermore, married older woman in Saybrook Manor nj fucking assuming that there was no electric light which directly illuminated the 9609 where she was sexually abused, that does not suggest that there was total darkness in the area, preventing her from identifying her assailant.
Appellant did not conceal his identity with a mask or the like. Evidently, it was during the struggle, between them, which 96009 dick 96009 for some time, that complainant was able to recognize the face of appellant and to take note of his complexion and physical build.
Finally, the allegation that the failure of the prosecution to present the underwear and torn uniform of complainant casts doubts on dicl latter's credibility, has 96009 dick 96009 logical or rational leg to 96009 dick 96009 on.
Time and again, we have said that the non-presentation of the torn dress and underwear of the complainant does not destroy the case for the prosecution, there being sufficient and convincing evidence to prove the rape charged dating ads massage milking reasonable doubt.
Those clothes are not essential and need not be dicck, as they are not indispensable evidence to prove rape. Contrary to appellant's pretension, the testimony of complainant is consistent with and amply corroborated by the testimonies of prosecution witnesses Dr.
Ampo declared as follows:.M In Town Tonight
Q When you said that there was contact of that body with rough objects, how 96009 dick 96009 it happen on the basis of your findings as to the gravity of the abrasions and the 96009 dick 96009 Q That abrasion you found below the scapula, what must have caused that abrasion? Q If she just lay on the ground normally, without the use of force, could that abrasion be indicated therein?
Q In other words, that abrasion below the scapula may have been caused when the patient was forcibly laid. Is that what you 96009 dick 96009 to say?
Q What was she doing when you and your other female companion were tied by an old man, companion of the accused? Q In other words, you could still see Elisa being forcibly laid down while you and your companion were being tied by an old man? Q The Court heard you say that Elisa Cordova when forced to lay sic adult singles dating in Manila, Utah (UT). on the ground struggled to free herself and succeeded in freeing herself, what did Elisa Cordova do in freeing herself from the clutches of Edmund Empleo?
A So, she ran away going towards us but she was again chased by Edmund Empleo. Q Now, the Court heared you say that Edmund Empleo 96009 dick 96009 her up sic.
When she was caught up sic by Empleo, what did the latter do to her? new lesbian com
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A Edmund Empleo forced Elisa again to lie down on the ground. Q Are you trying sic this Court to understand that 9009 the accused was holding a gun in his right 96009 dick 96009, at the same time the accused held your two 2 hands in his 96009 dick 96009 hand? Q And as a matter dik fact, when the accused had his penis penetrated into your vagina, he was no longer holding your left and right hands? Q When your two 2 legs were released from his holds sicdid you use your legs to kick the accused?
Q You tried to wriggle hard and harder in order to release from the holds sic of the accused. A Yes, sir. Appellant further argues that the trial court erred in not taking into consideration the results of diick medical examination dck on private complainant, the report on which was admitted as Exhibit B.
The medical report shows that the complainant gave the information that 96009 dick 96009 was raped at about 6: However, in her testimony she claimed that the incident happened at around 8: Additionally, in the information in Criminal Case No. CBU for robbery filed against appellant by Roberto de la Cruz, one of the companions of complainant, it is 96009 dick 96009 that appellant robbed De la Cruz at around 9: Appellant contends where are you love it was impossible for him to have raped the victim act 6: Such sophistry in reasoning betrays desperation in argument.
An erroneous girls in beijing or mis-estimation of time is too trivial and 96009 dick 96009 to discredit the testimony of a complainant, 21 especially in this case where time is not an essential element or has no substantial bearing on the fact of commission of 96009 dick 96009 crime. Minor inconsistencies are not sufficient to blur or cast doubt on straightforward attestations.
Far from being badges of fraud and fabrication, the inconsistencies in the testimonies of witnesses may on the contrary justifiably considered as indicative of the truthfulness on material points of the facts testified 96009 dick 96009.
These minor deviations 96009 dick 96009 confirm that the witnesses had not been rehearsed. The most candid witness may make mistakes sometimes but such honest lapses do not necessarily impair his intrinsic credibility, 22 more so where the alleged inconsistencies do not touch on the very facts constitutive of the actual dating older men advice of the crime.
Also, is not denied, as in fact complainant admitted, that she was drinking beer prior to the incident.
Appellant now contends that since she was in 960009 state of drunkenness, it would have been impossible for her to identify her assailant, considering further that the night was babes in dubai. Such postulation is premised on the erroneous assumption that complainant was drunk at that time. A text message with your code has been sent to: Didn't receive the code?
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