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PEOPLE v. MARCIANO DOLLANO

This case has been cited 5 times or more.

	GR No. 205308 2015-02-11	PEOPLE v. OSCAR SANTOS Y ENCINAS CARPIO, J.
Thus, the two incidents in July and August 1997 would have been categorized as rape had these incidents happened after RA 8353 took effect on 22 October 1997.[26] However, since the two incidents happened prior to the effectivity of RA 8353, the informations for Criminal Case Nos. 7588 and 7589 correctly charged the accused with acts of lasciviousness (violation of Article 336 of the RPC in relation to Section 5 of RA 7610).
	GR No. 196435 2014-01-29	PEOPLE v. JOEL CRISOSTOMO Y MALLIAR DEL CASTILLO, J.
When the offended party is under 12 years of age, the crime committed is "termed statutory rape as it departs from the usual modes of committing rape. What the law punishes is carnal knowledge of a woman below 12 years of age. Thus, the only subject of inquiry is the age of the woman and whether carnal knowledge took place. The law presumes that the victim does not and cannot have a will of her own on account of her tender years."[24] In this case, the prosecution satisfactorily established all the elements of statutory rape. "AAA" testified that on April 8, 1999, appellant took off her clothes and made her lie down. Appellant also removed his clothes, placed himself on top of "AAA," inserted his penis into her vagina, and proceeded to have carnal knowledge of her. At the time of the rape, "AAA" was only six years of age. Her birth certificate showed that she was born on April 4, 1993. "AAA's" testimony was corroborated by Dr. Emmanuel Reyes who found "AAA" to have fresh and bleeding hymenal lacerations.
	GR No. 200329 2013-06-05	PEOPLE v. RICARDO PIOSANG LEONARDO-DE CASTRO, J.
We elucidated in People v. Dollano, Jr.[26] that: Rape under paragraph 3 of the above-mentioned article is termed statutory rape as it departs from the usual modes of committing rape. What the law punishes is carnal knowledge of a woman below twelve years of age. Thus, the only subject of inquiry is the age of the woman and whether carnal knowledge took place. The law presumes that the victim does not and cannot have a will of her own on account of her tender years. x x x. (Citations omitted.)
	GR No. 199264 2012-10-24	PEOPLE v. NOEL T. LAURINO REYES, J.
As to the judgment on civil liabilities, the trial court correctly awarded in favor of AAA civil indemnity of P75,000.00 and moral damages of P75,000.00 for each count of rape. However, to conform to prevailing jurisprudence,[16] the award of exemplary damages is increased to P30,000.00 for each count of rape.
	GR No. 187744 2012-06-20	PEOPLE v. ROGER TEJERO LEONARDO-DE CASTRO, J.
The trial court's conclusions on the credibility of witnesses in rape cases are generally accorded great weight and respect, and at times even finality, unless there appear in the record certain facts or circumstances of weight and value which the lower court overlooked or misappreciated and which, if properly considered, would alter the result of the case. Since the trial judge had the direct and singular opportunity to observe the facial expression, gesture and tone of voice of the complaining witnesses while testifying, it was truly competent and in the best position to assess whether the witnesses were telling the truth.[19]