Lawyerly

GR No. 133790

2002-08-01

QUISUMBING, J.

on her hymen and the presence of sperm cells in her vaginal canal. When a rape victim's account is straightforward and candid, and is corroborated by the medical findings of the examining physician, the same is sufficient to support a conviction for rape.[29] In rape, the gravamen of the offense is carnal knowledge of a woman against her will, or without her consent.[30] Additionally, Article 335 of the Revised Penal Code includes a victim who is suffering from some form of mental abnormality or deficiency,

GR No. 120548

2001-10-26

PEOPLE v. JOSELITO ESCARDA

QUISUMBING, J.

Appellant's alibi must likewise fail. He insists that he was sleeping in his house at the time the crime occurred. He slept at 8:00 P.M., July 28, 1987 and woke up the next day, July 29, 1987 at 7:00 A.M. As the trial court noted, it is difficult to believe appellant's claim that he slept for eleven hours straight just like Escarda. Besides, the rule is settled that alibi cannot prosper unless it is proven that during the commission of the crime, the accused was in another place and that it was physically impossible for him to be at the place where the crime was committed.[19] In this case, appellant failed to demonstrate satisfactorily that it was physically impossible for him to be in the crime scene at the time of the incident. Admittedly, the scene of the crime was only a fifteen-minute walk from appellant's house.

GR No. 139552

2001-05-24

PEOPLE v. REYNALDO REBATO

PER CURIAM

The trial court correctly rejected REYNALDO's defense of alibi. We have consistently held that for alibi to prosper, it must be proven that during the commission of the crime, the accused was in another place and that it was physically impossible for him to be at the locus criminis.[19] Alibi and denial are inherently weak defenses; and unless supported by clear and convincing evidence, the same cannot prevail over the positive declaration of the victim.[20] We have also held that when alibi is established only by the accused, his relatives or close friends, the same should be treated with strictest scrutiny.[21]

GR No. 126019

2001-03-01

PEOPLE v. MARIO CALDONA Y LLAMAS

YNARES-SANTIAGO, J.

In short, the positive assertions of accused-appellant's daughter that he raped her is entitled to greater weight.[50] While denial and alibi are legitimate defenses in rape cases, bare assertions to this effect can not overcome the categorical testimony of the victim.[51] It certainly would take a most senseless kind of depravity for a young daughter to concoct a story which would put her own father to death.[52] Furthermore, no young girl of decent repute would allow the examination of her private parts or subject herself to the shame, embarrassment and humiliation of a public trial, if she has not in fact been raped.[53]

GR Nos. 133586-603

2001-02-19

PEOPLE v. HENRY QUEIGAN

YNARES-SANTIAGO, J.

ATTY. FANO: Q Even after the death of your mother, she never lived there and slept there? A No, sir.[38] Needless to state, accused-appellant's defense of alibi crumbles in the face of the foregoing facts. The Court has consistently held that for alibi to prosper, it must be proven that during the commission of the crime, the accused was in another place and that it was physically impossible for him to be at the locus criminis. Alibi and denial are inherently weak defenses and unless supported by clear and convincing evidence, the same cannot prevail over the positive declarations of the victim who, in a simple and straightforward manner, convincingly identified accused-appellant as the defiler of her chastity. Succinctly stated, the positive assertions of accused-appellant's daughter that he raped her is entitled to greater weight.[39] While denial and alibi are legitimate defenses in rape cases, bare assertions to this effect cannot overcome the categorical testimony of the victim.[40]

GR Nos. 133586-603

2001-02-19

PEOPLE v. HENRY QUEIGAN

YNARES-SANTIAGO, J.

The anguish and the pain a victim had to endure are evident.[52] The Court need not belabor the fact that the offended party in a rape case is victim many times over. In our culture which puts a premium on the virtue of purity or virginity, rape stigmatizes the victim more than the perpetrator.[53] Considering that the offender is the father of the victim, accused-appellant should likewise pay the victim exemplary damages,[54] which pursuant to controlling case law, has been fixed at P25,000.00.[55]

GR Nos. 137106-07

2001-01-31

PEOPLE v. JOSE ELPEDES Y SUNAS

YNARES-SANTIAGO, J.

In other words, the positive assertions of the victim that he raped her is entitled to greater weight.[32] While denial and alibi are legitimate defenses in rape cases, bare assertions to this effect can not overcome the categorical testimony of the victim.[33] Her testimony never wavered even after it had been explained to her that her father could be meted the death penalty if found guilty.[34] It certainly would take a most senseless kind of depravity for a young daughter to concoct a story of rape which would consign her own father to the supreme penalty of death if the same were not the truth.[35] Furthermore, no young girl of decent repute would allow the examination of her private parts or subject herself to the shame, embarassment and humiliation of a public trial, if she has not in fact been raped.[36]

GR Nos. 137106-07

2001-01-31

PEOPLE v. JOSE ELPEDES Y SUNAS

YNARES-SANTIAGO, J.

The anguish and the pain a victim had to endure are evident.[49] The Court need not belabor the fact that the offended party in a rape case is victim many times over. In our culture which puts a premium on the virtue of purity or virginity, rape stigmatizes the victim more than the perpetrator.[50] Considering that the offender is the father of the victim, accused-appellant should likewise pay the victim exemplary damages,[51] which pursuant to controlling case law, has been fixed at P25,000.00.[52]

GR No. 129769

2001-01-19

PEOPLE v. ANTONIO BELGA

YNARES-SANTIAGO, J.

The trial court, however, erred in ordering accused-appellant to "indemnify the victim the amount of FIFTY-THOUSAND PESOS (P50,000.00) as moral damages." As reiterated in People v. Arillas[16] citing People v. Prades:"Jurisprudence has elucidated that the award authorized by the criminal law as civil indemnity ex delicto for the offended party, in the amount authorized by the prevailing judicial policy and aside from other proven actual damages, is itself equivalent to actual or compensatory damages in civil law. For that matter, the civil liability ex delicto provided by the Revised Penal Code, that is, restitution, reparation and indemnification, all correspond to actual or compensatory damages in the Civil Code, since the other damages provided therein are moral, nominal, temperate or moderate, liquidated, and exemplary or corrective damages which have altogether different concepts and fundaments.

GR Nos. 133448-53

2000-10-06

PEOPLE v. ROSELINDO CUTAMORA

YNARES-SANTIAGO, J.

A rape victim is not and cannot be expected to keep an accurate account of her traumatic experience. A court cannot expect a rape victim to remember every ugly detail of the appalling outrage especially so since she might in fact have been trying not to remember them. Rape victims do not cherish in their memories an accurate account of the dates, number of times and manner they were violated.[8] The precise time of the commission of the crime is not an essential element in the crime of rape[9] and therefore need not be accurately stated.[10]

GR No. 131942

2000-10-05

PEOPLE v. CARLITO BAWANG

YNARES-SANTIAGO, J.

Such defenses are unavailing given the facts prevailing herein. The Court has consistently held in previous cases too numerous to cite that for alibi to prosper, it must be proven that during the commission of the crime, the accused was in another place and that it was physically impossible for him to be at the locus criminis. Alibi and denial are inherently weak defenses and unless supported by clear and convincing evidence, the same can not prevail over the positive declarations of the victim who, in a simple and straightforward manner, convincingly identified the accused-appellant as the defiler of her chastity. In short, the positive assertions of accused-appellant's daughter that he raped her is entitled to greater weight.[53] While denial and alibi are legitimate defenses in rape cases, bare assertions to this effect can not overcome the categorical testimony of the victim.[54]

GR No. 127650

2000-08-25

PEOPLE v. RICARDO TOQUERO Y JACOBO

PARDO, J.

mental and physical suffering.[18] In addition, P50,000.00 is awarded to the complainant as civil indemnity ex-delicto.[19] WHEREFORE, the assailed decision of the Regional Trial Court, Pangasinan, Branch 49, Urdaneta, convicting accused-appellant Ricardo Toquero y Jacobo of rape is hereby AFFIRMED, in toto. With costs.

	GR No. 133790 2002-08-01	PEOPLE v. FERNANDO CAÑAVERAL QUISUMBING, J.
on her hymen and the presence of sperm cells in her vaginal canal. When a rape victim's account is straightforward and candid, and is corroborated by the medical findings of the examining physician, the same is sufficient to support a conviction for rape.[29] In rape, the gravamen of the offense is carnal knowledge of a woman against her will, or without her consent.[30] Additionally, Article 335 of the Revised Penal Code includes a victim who is suffering from some form of mental abnormality or deficiency,
	GR No. 120548 2001-10-26	PEOPLE v. JOSELITO ESCARDA QUISUMBING, J.
Appellant's alibi must likewise fail. He insists that he was sleeping in his house at the time the crime occurred. He slept at 8:00 P.M., July 28, 1987 and woke up the next day, July 29, 1987 at 7:00 A.M. As the trial court noted, it is difficult to believe appellant's claim that he slept for eleven hours straight just like Escarda. Besides, the rule is settled that alibi cannot prosper unless it is proven that during the commission of the crime, the accused was in another place and that it was physically impossible for him to be at the place where the crime was committed.[19] In this case, appellant failed to demonstrate satisfactorily that it was physically impossible for him to be in the crime scene at the time of the incident. Admittedly, the scene of the crime was only a fifteen-minute walk from appellant's house.
	GR No. 139552 2001-05-24	PEOPLE v. REYNALDO REBATO PER CURIAM
The trial court correctly rejected REYNALDO's defense of alibi. We have consistently held that for alibi to prosper, it must be proven that during the commission of the crime, the accused was in another place and that it was physically impossible for him to be at the locus criminis.[19] Alibi and denial are inherently weak defenses; and unless supported by clear and convincing evidence, the same cannot prevail over the positive declaration of the victim.[20] We have also held that when alibi is established only by the accused, his relatives or close friends, the same should be treated with strictest scrutiny.[21]
	GR No. 126019 2001-03-01	PEOPLE v. MARIO CALDONA Y LLAMAS YNARES-SANTIAGO, J.
In short, the positive assertions of accused-appellant's daughter that he raped her is entitled to greater weight.[50] While denial and alibi are legitimate defenses in rape cases, bare assertions to this effect can not overcome the categorical testimony of the victim.[51] It certainly would take a most senseless kind of depravity for a young daughter to concoct a story which would put her own father to death.[52] Furthermore, no young girl of decent repute would allow the examination of her private parts or subject herself to the shame, embarrassment and humiliation of a public trial, if she has not in fact been raped.[53]
	GR Nos. 133586-603 2001-02-19	PEOPLE v. HENRY QUEIGAN YNARES-SANTIAGO, J.
ATTY. FANO: Q Even after the death of your mother, she never lived there and slept there? A No, sir.[38] Needless to state, accused-appellant's defense of alibi crumbles in the face of the foregoing facts. The Court has consistently held that for alibi to prosper, it must be proven that during the commission of the crime, the accused was in another place and that it was physically impossible for him to be at the locus criminis. Alibi and denial are inherently weak defenses and unless supported by clear and convincing evidence, the same cannot prevail over the positive declarations of the victim who, in a simple and straightforward manner, convincingly identified accused-appellant as the defiler of her chastity. Succinctly stated, the positive assertions of accused-appellant's daughter that he raped her is entitled to greater weight.[39] While denial and alibi are legitimate defenses in rape cases, bare assertions to this effect cannot overcome the categorical testimony of the victim.[40]
	GR Nos. 133586-603 2001-02-19	PEOPLE v. HENRY QUEIGAN YNARES-SANTIAGO, J.
The anguish and the pain a victim had to endure are evident.[52] The Court need not belabor the fact that the offended party in a rape case is victim many times over. In our culture which puts a premium on the virtue of purity or virginity, rape stigmatizes the victim more than the perpetrator.[53] Considering that the offender is the father of the victim, accused-appellant should likewise pay the victim exemplary damages,[54] which pursuant to controlling case law, has been fixed at P25,000.00.[55]
	GR Nos. 137106-07 2001-01-31	PEOPLE v. JOSE ELPEDES Y SUNAS YNARES-SANTIAGO, J.
In other words, the positive assertions of the victim that he raped her is entitled to greater weight.[32] While denial and alibi are legitimate defenses in rape cases, bare assertions to this effect can not overcome the categorical testimony of the victim.[33] Her testimony never wavered even after it had been explained to her that her father could be meted the death penalty if found guilty.[34] It certainly would take a most senseless kind of depravity for a young daughter to concoct a story of rape which would consign her own father to the supreme penalty of death if the same were not the truth.[35] Furthermore, no young girl of decent repute would allow the examination of her private parts or subject herself to the shame, embarassment and humiliation of a public trial, if she has not in fact been raped.[36]
	GR Nos. 137106-07 2001-01-31	PEOPLE v. JOSE ELPEDES Y SUNAS YNARES-SANTIAGO, J.
The anguish and the pain a victim had to endure are evident.[49] The Court need not belabor the fact that the offended party in a rape case is victim many times over. In our culture which puts a premium on the virtue of purity or virginity, rape stigmatizes the victim more than the perpetrator.[50] Considering that the offender is the father of the victim, accused-appellant should likewise pay the victim exemplary damages,[51] which pursuant to controlling case law, has been fixed at P25,000.00.[52]
	GR No. 129769 2001-01-19	PEOPLE v. ANTONIO BELGA YNARES-SANTIAGO, J.
The trial court, however, erred in ordering accused-appellant to "indemnify the victim the amount of FIFTY-THOUSAND PESOS (P50,000.00) as moral damages." As reiterated in People v. Arillas[16] citing People v. Prades:"Jurisprudence has elucidated that the award authorized by the criminal law as civil indemnity ex delicto for the offended party, in the amount authorized by the prevailing judicial policy and aside from other proven actual damages, is itself equivalent to actual or compensatory damages in civil law. For that matter, the civil liability ex delicto provided by the Revised Penal Code, that is, restitution, reparation and indemnification, all correspond to actual or compensatory damages in the Civil Code, since the other damages provided therein are moral, nominal, temperate or moderate, liquidated, and exemplary or corrective damages which have altogether different concepts and fundaments.
	GR Nos. 133448-53 2000-10-06	PEOPLE v. ROSELINDO CUTAMORA YNARES-SANTIAGO, J.
A rape victim is not and cannot be expected to keep an accurate account of her traumatic experience. A court cannot expect a rape victim to remember every ugly detail of the appalling outrage especially so since she might in fact have been trying not to remember them. Rape victims do not cherish in their memories an accurate account of the dates, number of times and manner they were violated.[8] The precise time of the commission of the crime is not an essential element in the crime of rape[9] and therefore need not be accurately stated.[10]
	GR No. 131942 2000-10-05	PEOPLE v. CARLITO BAWANG YNARES-SANTIAGO, J.
Such defenses are unavailing given the facts prevailing herein. The Court has consistently held in previous cases too numerous to cite that for alibi to prosper, it must be proven that during the commission of the crime, the accused was in another place and that it was physically impossible for him to be at the locus criminis. Alibi and denial are inherently weak defenses and unless supported by clear and convincing evidence, the same can not prevail over the positive declarations of the victim who, in a simple and straightforward manner, convincingly identified the accused-appellant as the defiler of her chastity. In short, the positive assertions of accused-appellant's daughter that he raped her is entitled to greater weight.[53] While denial and alibi are legitimate defenses in rape cases, bare assertions to this effect can not overcome the categorical testimony of the victim.[54]
	GR No. 127650 2000-08-25	PEOPLE v. RICARDO TOQUERO Y JACOBO PARDO, J.
mental and physical suffering.[18] In addition, P50,000.00 is awarded to the complainant as civil indemnity ex-delicto.[19] WHEREFORE, the assailed decision of the Regional Trial Court, Pangasinan, Branch 49, Urdaneta, convicting accused-appellant Ricardo Toquero y Jacobo of rape is hereby AFFIRMED, in toto. With costs.

PEOPLE v. ROMEO ARILLAS Y MONTOYA