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PEOPLE v. MARCELO PEREZ

This case has been cited 6 times or more.

	GR No. 207098 2015-07-08	PEOPLE v. NONIETO GERSAMIO PEREZ, J.
This Court likewise sustains the award of P50,000.00 moral damages by the lower courts. Moral damages are awarded to rape victims without need of proof other than the fact of rape on the assumption that the victim suffered moral injuries from the experience she underwent.[41] In addition thereto, this Court finds it proper to also award P50,000.00 civil indemnity and P30,000.00 exemplary damages to AAA. Civil indemnity is mandatory when rape is found to have been committed.[42] Exemplary damages are also called for, by way of public example, and to protect the young from sexual abuse.[43] Furthermore, all damages awarded shall earn interest at the rate of 6% per annum from date of finality of judgment until fully paid.[44]
	GR No. 201151 2015-01-14	PEOPLE v. NESTOR SUAREZ Y MAGTAGNOB PEREZ, J.
Appellant contests the medical findings because the cause of AAA's vaginal laceration was not revealed. Appellant then poses the possibility of a consensual sex with another man. The medical examination of the victim is not an element of rape. Moreover, the medical examination does not seek to establish who committed the crime, rather it merely corroborates the testimony of the rape victim that she has been raped. The prime consideration in the prosecution of rape is the victim's testimony, not necessarily the medical findings; a medical examination of the victim is not indispensable in a prosecution for rape. The victim's testimony alone, if credible, is sufficient to convict.[17]
	GR No. 207774 2014-06-30	PEOPLE v. CARLOS ALHAMBRA Y MASING REYES, J.
"The elements necessary to sustain a conviction for rape are: (1) that the accused had carnal knowledge of the victim; and (2) that said act was accomplished (a) through the use of force or intimidation, or (b) when the victim is deprived of reason or otherwise unconscious, or (c) when the victim is under 12 years of age or is demented."[14]
	GR No. 200920 2014-06-09	PEOPLE v. JERUSALEM ESTEBAN Y BALLESTEROS REYES, J.
"The elements necessary to sustain a conviction for rape are: (1) that the accused had carnal knowledge of the victim; and (2) that said act was accomplished (a) through the use of force or intimidation, or (b) when the victim is deprived of reason or otherwise unconscious, or (c) when the victim is under 12 years of age or is demented."[9]
	GR No. 203068 2013-09-18	PEOPLE v. RYAN FRIAS Y GALANG REYES, J.
The elements necessary to sustain a conviction for rape are: (1) that the accused had carnal knowledge of the victim; and (2) that said act was accomplished (a) through the use of force or intimidation, or (b) when the victim is deprived of reason or otherwise unconscious, or (c) when the victim is under 12 years of age or is demented.[18]
	GR No. 197815 2012-02-08	PEOPLE v. JULIETO SANCHEZ BRION, J.
In this case, both the RTC and the CA found AAA and her testimony credible. Our own independent examination of the records leads us to arrive at the same conclusion. AAA's testimony relating to the identity of the appellant as the perpetrator was firm and categorical. Her testimony on the details of the rape which established all its elements - namely, the carnal knowledge, the force and intimidation employed by the appellant, and AAA's young age - was clear and unequivocal.[13] AAA's credibility is further strengthened by her clear lack of ill-motive to falsify.