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JOJIT GARINGARAO v. PEOPLE

This case has been cited 6 times or more.

	GR No. 206513 2015-10-20	MUSTAPHA DIMAKUTA Y MARUHOM v. PEOPLE PERALTA, J.
The Court has ruled that a child is deemed subject to other sexual abuse when the child is the victim of lascivious conduct under the coercion or influence of any adult. In lascivious conduct under the coercion or influence of any adult, there must be some form of compulsion equivalent to intimidation which subdues the free exercise of the offended party's free will.[68] (Emphasis supplied)
	GR No. 197712 2015-04-20	NONITO IMBO Y GAMORES v. PEOPLE PEREZ, J.
On more than one occasion, we have held that the lone testimony of the offended party, if credible, is sufficient to establish the guilt of the accused.[8] The fact that no other member of their household corroborated the testimony of AAA is not definitive of the commission of the crime. By its very nature, sexual abuse, in this case, acts of lasciviousness by the petitioner against his own daughter, is generally done out of sight of people and is only attested to by the victim and the perpetrator. On the other hand, the inconsistencies pointed out by petitioner do not discount at all the possibility of him sexually abusing his own daughter on the night in question. As already pointed out in the past: Lust is no respecter of time and place.[9]
	GR No. 202838 2014-09-17	PEOPLE v. JULITO GERANDOY PEREZ, J.
The child, whether male or female, is below 18 years of age.[34]
	GR No. 198389 2013-12-11	VIVENCIO ROALLOS Y TRILLANES v. PEOPLE REYES, J.
Nevertheless, the Court hereby modifies the amount of moral damages and civil indemnity awarded by the CA. The RTC directed Roallos to pay AAA moral damages in the amount of P20,000.00. The CA increased the amount of moral damages awarded by the RTC to P50,000.00 and imposed an additional award for civil indemnity in the amount of P50,000.00. In line with recent jurisprudence,[28] the Court deems it proper to reduce the award of moral damages from P50,000.00 to P15,000.00, as well as the award of civil indemnity from P50,000.00 to P20,000.00.
	GR No. 190318 2013-11-27	PEOPLE v. ROBERTO VELASCO LEONARDO-DE CASTRO, J.
The elements of this crime under Article 336 of the Revised Penal Code are: (1) the offender commits any act of lasciviousness or lewdness; (2) it is done under any of the following circumstances: (a) by using force or intimidation, or (b) when the offended party is deprived of reason or otherwise unconscious, or (c) when the offended party is under 12 years of age; and (3) the offended party is another person of either sex.[26] Furthermore, there is jurisprudence which says that in case of acts of lasciviousness, the lone testimony of the offended party, if credible, is sufficient to establish the guilt of the accused.[27]
	GR No. 181473 2013-11-11	PEOPLE v. DONEY GADUYON Y TAPISPISAN DEL CASTILLO, J.
In line with prevailing jurisprudence, the award of damages to "AAA" in Criminal Case No. 6572 must be increased as follows: P75,000.00 as civil indemnity, P75,000.00 as moral damages and P30,000.00 as exemplary damages.[84] She is further awarded civil indemnity of P20,000.00, moral damages and a fine at P15,000.00 each in Criminal Case No. 6573.[85] In Criminal Case No. 6574, the awards of civil indemnity and moral damages at P30,000.00 each are maintained but the award of exemplary damages is increased to P30,000.00.[86] "AAA" is also entitled to an interest on all the amounts of damages awarded at the legal rate of 6% per annum from the date of finality of this judgment until fully paid.[87]