AAA however could no longer sleep because she was already afraid that the accused will return which the accused did. For the second time, accused raped AAA. Accused covered her mouth with a handkerchief, inserted his penis into her vagina and accused did the push and pull movement. xxxx When AAA declares that she has been raped, she says in effect all that would be necessary to show that rape did take place (PP. vs. Maglantay, 304 SCRA 272), for as long as the testimony of AAA is free from serious or major incongruence and unbridled by suspicion or doubt. The testimony of AAA is simple, candid, straightforward and consistent on material points detailing every single bestial act of her brother in ravishing her. Moreover, AAA on several occasions (August 1, 2006 and September 19, 2006) was on the verge of crying and in fact shed tears during her direct examination. Crying of the victim during her testimony is evidence of the credibility of the rape charge with the verity born out of human nature and experience (PP. vs. Agustin, 365 SCRA 167; PP vs. Garcia, supra). Though a medical certificate is not necessary to prove the commission of rape (PP. vs. Bares, 355 SCRA 435), but when the victim’s testimony is corroborated by the physician’s findings of penetration (Exh. "A") or hymenal laceration as when the hymen is no longer intact, there is sufficient foundation to find the existence of the essential requisite of carnal knowledge (PP. vs. Montejo, 355 SCRA 210; PP. vs. Bation, 305 SCRA 253). Further, no young and decent woman in her right mind especially of tender age as that of AAA who is fifteen (15) years old would concoct a story of defloration, allow an examination of her private parts and thereafter pervert herself by being subjected to a public trial, if she was not motivated solely by her desire to obtain justice for the wrong committed against her. (PP. vs. Albior, 352 SCRA 35; PP. vs. Vidal, 353 SCRA 194)14 (Emphasis ours) These observations were affirmed by the CA on appeal, as it held: A conscientious review of the records shows that AAA’s testimonies in this case bear the marks of truthfulness, spontaneity and sincerity. She was crying while answering questions about the rape incident. Obviously, the process called to her mind not only the mere details of the sexual abuse but the lingering hurt and pain that come with it. Her tears were unimpeachable testaments to the truth of her allegations. xxxx During cross-examination, AAA remained steadfast, unwavering and spontaneous. Significantly also, her testimony is supported by the medical evidence on record, which showed that she had a laceration in her hymen and was thus in a non-virgin state.15 (Citations omitted and emphasis ours) The Court finds no cogent reasons to overturn these findings. Indeed, it was established that Colorado succeeded in having carnal knowledge of the victim, employing force, threat and intimidation that allowed him to consummate his bestial act. AAA had positively identified Colorado as her rapist. Such identification of Colorado could not have been difficult for AAA considering that Colorado was a brother who lived with her in their parents’ house. Even the failure of AAA to identify the exact date of the crime’s commission is inconsequential to Colorado’s conviction. In rape cases, the date of commission is not an essential element of the offense; what is material is its occurrence,16 a fact that was sufficiently established given AAA’s and her testimony’s credibility. Contrary to Colorado’s contention, AAA’s claim that two other siblings were sleeping in the same room where she was raped did not render her statements incredible. Time and again, we have taken into consideration how rapists are not deterred by the presence of people nearby, such as the

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