This case has been cited 3 times or more.
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2014-09-08 |
BERSAMIN, J. |
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| The commission of the rape was competently established although AAA had been unconscious during the commission of the act. Proof of the commission of the crime need not always be by direct evidence, for circumstantial evidence could also sufficiently and competently establish the crime beyond reasonable doubt. Indeed, the Court affirmed convictions for rape based on circumstantial evidence.[25] In this connection, circumstantial evidence is sufficient for conviction if the conditions set forth in Section 4, Rule 133 of the Rules of Court are shown to exist, to wit: Section 4. Circumstantial evidence, when sufficient. Circumstantial evidence is sufficient for conviction if: | |||||
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2003-04-09 |
YNARES-SANTIAGO, J. |
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| The fact that Rachel was unconscious during the actual rape does not mean that appellant did not commit the crime. In People v. Tabarangao,[20] we affirmed the conviction of appellant who raped the victim while she was unconscious. Indeed, the totality of the established circumstances constitutes an unbroken chain of events which leads to a fair and reasonable conclusion that the victim was raped and that appellant was guilty of the crime, to the exclusion of all others. | |||||
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2001-03-07 |
BELLOSILLO, J. |
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| In the three (3) cases of simple rape, the award of P50,000.00 as civil indemnity for each count is upheld, consistent with current jurisprudence.[23] The award of P30,000.00 as moral damages for each count of rape is increased to P50,000.00 also consistent with jurisprudence.[24] In addition, an award of P30,000.00 in exemplary damages is also imposed, the relationship between the sex offender and his victim being aggravating.[25] In the case of attempted rape the P30,000.00 award as moral damages is reduced to P15,000.00.[26] The award of P50,000.00 as civil indemnity is removed, there being no legal basis therefor. | |||||