This case has been cited 2 times or more.
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2002-11-13 |
YNARES-SANTIAGO, J. |
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| that led to the incident in question, courts should not expect the narration or presentation to be strictly chronological. Factors such as memory, length of time, intelligence, articulateness, and emotional condition all affect a witness' narration of events. As long as the witness was found to be credible by the trial court, especially after undergoing a rigid cross-examination, any apparent inconsistency may be overlooked. This is especially true if the lapses concern trivial matters.[15] In Criminal Case No. 1096-M-96, the trial court sentenced accused-appellant to death by lethal injection without mention of any attendant circumstance that qualified the crime. | |||||
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2002-11-13 |
YNARES-SANTIAGO, J. |
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| latest jurisprudence for rape not effectively qualified by any circumstance under which death penalty is authorized by the present amended law.[18] Moral damages is also awarded pursuant to Article 2219 of the Civil Code, without the necessity of additional pleading or proof other than the fact of rape. Moral damages is granted in recognition of the victim's injury as being inherently concomitant with and necessarily resulting from the abhorrent crime of rape, especially where the rape victim is an innocent child whose life is forever tainted by a foul and traumatic experience.[19] In addition, accused-appellant is ordered to pay each of his victims P25,000.00 as exemplary damages, considering his relationship as father of the rape victims, Elgie and Lady.[20] | |||||