Javier, Karen Gail H. Atty. Ivy M. Patdu, M.D.

JD2 – A Legal Medicine

PART I
1. What is your key learning about child abuse? (Maximum of 10 sentences.)

Abuse has always been associated with wounds or bruises. But it is not. No race, religion,
social status, political views, etc. Protecting our children, as the future of the land, is an undertaking
which is performed co-independently with different social actors and almost all sectors such as the
social, indigenous, health (such that the health sector is under the obligation to immediately report
to the proper authorities any case of maltreated and abused child (Sec 166, P.D. 603) that has been
made known to it and that has been submitted to its heath care services; each participant is expected
to perform its obligations pursuant to the mandate of the law upon them so that the protection of
children against abuse will be guaranteed by this harmonious participation. Liability also.

It is unfortunate that sexual abuse is most commonly experienced in the very environment
within which a child is expected to feel the most comfortable and with people around whom he is
expected to feel the safest—family homes. It greatly affects them during their growth—especially
emotionally—because the younger a child experiences abuse, the greater the adverse
consequences are in the long run.

2. List 5 Research doctrines/defenses/theories in rape cases decided by the Supreme

Court. (2-3 sentences per doctrine)

 Maria Clara Doctrine- People v. Taño case. The high court through Justice Alejo Labrador
asserted a "well known fact" that women, especially Filipinos "would not admit that they have
been abused unless that abuse had actually happened."[2] The court said that women's natural
instinct is to protect their honor.[4] The case involved three armed robbers who the court found
liable for taking turns in raping a woman. “travesty of justice" by putting the accused at an
"unfair disadvantage",[2] criticizing the doctrine for assuming that no Filipina woman of "decent
repute" would falsely claim that she was abused. It urged for the acceptance of the "realities
of a woman’s dynamic role" in Philippine society today so one can "evaluate the testimony of
a private complainant of rape without gender bias or cultural misconception". doctrinally settled
that testimonies of rape victims who are of tender age are credible. The revelation of an innocent
child whose chastity was abused deserves full credit, as the willingness of the complainant to face
police investigation and to undergo the trouble and humiliation of a public trial is eloquent
testimony of the truth of her complaint.
 where the culpability or innocence of the accused hinges on the credibility of the witnesses and
the veracity of their testimonies, the findings of trial courts are given the highest degree of
 respect. Hence, their findings on such matters are binding and conclusive on appellate courts,
unless some fact or circumstance of weight and substance has been overlooked, misapprehended
or misinterpreted.assessment of the credibility of witnesses and their testimonies is a matter best
undertaken by the trial court because of its unique opportunity to observe the witnesses firsthand
and note their demeanor, conduct, and attitude under grilling examination.accused may be
convicted on the basis of the lone uncorroborated testimony of the rape victim, provided
that her testimony is clear, convincing and otherwise consistent with human
nature. The minor inconsistencies in the private complainant’s statements
during the time she was investigated by the Barangay Captain of Kapatagan
and at the time she was investigated by the police in Digos, Davao del Sur are
quite understandable for a barrio lass who was there present to air the acts of
the accused which are repugnant to her modesty inconsistencies found in the ex
parte affidavits do not necessarily downgrade the credibility of a witness. Almost always, ex
parte affidavits are considered incomplete and often inaccurate. They are products sometimes of
partial suggestions and at other times of want of suggestions and inquiries, without the aid of
which witnesses may be unable to recall the connected circumstances necessary for accurate
recollection.
 "variance doctrine" In crimes against chastity, such as Acts of Lasciviousness,
relationship is always aggravating.
 While denial is a legitimate defense in rape cases, bare assertions to this effect cannot
overcome the categorical testimony of the victim. the positive and categorical
testimony of a rape victim-daughter, identifying her own father as the one who
sexually attacked her, prevails over his bare denial.
 prior sexual intercourse which could have resulted in hymenal laceration is
not necessary in rape cases for virginity is not an element of rape. Hence, it is
of no moment that there is a finding that AAA’s hymen was remnant. rupture of the
hymen or vaginal lacerations are not necessary for rape to be consummated. A medical
examination is not indispensable in the prosecution of a rape victim. medical
examination of the victim, as well as the medical certificate, is merely corroborative in
character and is not an indispensable element for conviction in rape. What is
important is that the testimony of private complainant about the incident is
clear, unequivocal and credible
 absence of external signs of injuries on the private complainant’s body does not negate
the commission of rape nor does it signify lack of resistance by private complainant to
the sexual act, proof of injury not being an essential element of the crime of rape.
 faulted for not taking the necessary measures to prevent a recurrence of her horrible
experience. failure to perform what accused-appellant claims she ought to have done
cannot be taken against her. .. different people react differently to a given situation or
type of situation and there is no standard form of human behavioral response when
one is confronted with a strange, startling or frightful experience. The workings of the
human mind when placed under emotional stress are unpredictable.. This experience
is relative and may be dealt with in any way by the victim depending on the
circumstances, but her credibility should not be tainted with any modicum of doubt
  complete penetration of the penis into the vagina is not necessary to convict for
consummated rape since the slightest penetration of one into the other will suffice.
However, in People v. Campuhan, the term "slightest penetration" was clarified to
mean that there must be sufficient and convincing proof of the penis indeed touching
at the very least the labias of the female organ.

3. Discuss briefly the battered woman syndrome. (Maximum of 10 sentences)

Serious, long-term domestic abuse can result in a mental disorder or

psychological condition called battered woman syndrome. a woman may
develop a learned helplessness that causes her to believe she deserves the
abuse and that she can’t get away from it. In many cases, it’s why women
don’t report their abuse to police or avoid telling friends and family what’s
really going on.

Battered woman syndrome is serious, which is why it’s taken into account in
homicide cases when women murder their abusive partners.

There are four stages that women who develop battered woman syndrome
typically go through:

1. Denial: The woman is unable to accept that she’s being abused, or she
justifies it as “just being that once.”
2. Guilt: She believes she has caused the abuse.
3. Enlightenment: In this phase, she realizes that she didn’t deserve the
abuse and acknowledges that her partner has an abusive personality.
4. Responsibility: She accepts that only the abuser holds responsibility. In
many cases, this is when she’ll try to escape the relationship.

Some women in abusive relationships never make it past the first 2 or 3

stages, as domestic violence can be fatal.

As a woman becomes trapped in the cycle of abuse in a number of reasons,

battered woman syndrome can develop. This syndrome makes it difficult for
women to regain control.
PART II
Based on what you learned about child abuse, rape and domestic violence, discuss how
you plan to personally contribute to solving the problem and relevant issues?
Remember that you don’t have to change the world (unless you want to). Your
proposal should be something that you can actually do NOW or in the near future.