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GR No. 194946

2014-09-03

PEREZ, J.

As regards the award of damages, the amount of Fifty Thousand Pesos (P50,000.00) as civil indemnity, Fifty Thousand Pesos (P50,000.00) as moral damages, and Thirty Thousand Pesos (P30,000.00) as exemplary damages are in order. In addition, all damages awarded shall earn interest at the rate of 6% per annum to be computed from the date of finality of this judgment until fully paid, to be consistent with prevailing jurisprudence.[34]

GR No. 207949

2014-07-23

PEOPLE v. ARMANDO DIONALDO Y EBRON

PERLAS-BERNABE, J.

In addition, interest at the rate of six percent (6%) per annum shall be imposed on all damages awarded from the date of finality of judgment until fully paid, pursuant to prevailing jurisprudence.[40]

GR No. 208719

2014-06-09

PEOPLE v. ROGER RINGOR UMAWID

PERLAS-BERNABE, J.

In addition, interest at the rate of six percent (6%) per annum shall be imposed on all damages awarded from the date of finality of judgement until fully paid, pursuant to prevailing jurisprudence.[35]

GR No. 194612

2014-01-27

PEOPLE v. FLORO MANIGO Y MACALUA

DEL CASTILLO, J.

In addition, interest at the rate of 6% per annum shall be imposed on all damages awarded from the date of finality of this judgment until fully paid likewise pursuant to prevailing jurisprudence.[30]

GR No. 190318

2013-11-27

PEOPLE v. ROBERTO VELASCO

LEONARDO-DE CASTRO, J.

We have also recently reiterated that the failure of the victim to shout for help does not negate rape and the victim's lack of resistance especially when intimidated by the offender into submission does not signify voluntariness or consent.[22] Furthermore, it is doctrinally settled that "delay in reporting rape incidents, in the face of threats of physical violence, cannot be taken against the victim"[23] because "delay in reporting an incident of rape is not an indication of a fabricated charge [and] does [not] necessarily cast doubt on the credibility of the complainant."[24] It is likewise settled in jurisprudence that human reactions vary and are unpredictable when facing a shocking and horrifying experience such as sexual assault, thus, not all rape victims can be expected to act conformably to the usual expectations of everyone.[25]

GR No. 203315

2013-09-18

PEOPLE v. JOEY BACATAN

REYES, J.

Bacatan's submission that the contents of the medical certificate cannot be considered as corroborative of the claim of rape as the signatory himself did not testify, cannot prosper. As held in People v. Alverio,[31] medical evidence is dispensable evidence;[32] it is not necessary to prove rape in as much the time of its commission does not constitute a material ingredient of the crime.[33] These circumstances do not pertain to the details and elements that produce the gravamen of the offense that is - sexual intercourse with a woman against her will or without her consent.[34]

GR No. 182457

2013-01-30

PEOPLE v. ANTONIO ASPREC

LEONARDO-DE CASTRO, J.

When asked by defense counsel what impelled her to continue working for appellant's household despite her avowed fear for appellant after what happened between them, ABC answered that she pitied appellant's children because nobody would take care of them in her absence.[30] Appellant underscores this statement made by ABC as totally incongruous with the natural reaction and mindset of a rape victim. However, this Court cannot agree with this assertion since fear for a rapist and pity for his children are not mutually exclusive or inconsistent emotional reactions or sentiments. Moreover, ABC testified that appellant insisted that ABC stay in the house to take care of his children immediately after raping her.[31] Having established that fear pushed ABC to keep silent about the rape incident at issue, it can easily be inferred that it is also that same fear which forced her to keep on returning to appellant's house to work. On this note we reiterate what we declared in a previous ruling which states that human reactions vary and are unpredictable when facing a shocking and horrifying experience such as sexual assault. Not all rape victims can be expected to act conformably to the usual expectations of everyone.[32]

GR No. 179059

2012-06-13

FIRST DIVISION VICTOR RONDINA v. PEOPLE

DEL CASTILLO, J.

However, we note that the both the RTC and the CA failed to make an award for exemplary damages. Under Article 2229 of the Civil Code, exemplary damages are imposed by way of example or correction for the public good. "Exemplary damages are intended to serve as deterrent to serious wrongdoings, as a vindication of undue sufferings and wanton invasion of the rights of an injured, or as punishment for those guilty of outrageous conduct. Being corrective in nature, exemplary damages can be awarded, not only in the presence of an aggravating circumstance, but also where the circumstances of the case show the highly reprehensible or outrageous conduct of the offender."[67] Here, Victor raped a minor, "AAA," with the use of a knife, threatened to kill her and her family if she tells them of her ordeal, and even got her pregnant. Victor should therefore pay AAA exemplary damages in the amount of P30,000.00 in line with existing jurisprudence.[68] Also, interest at the rate of 6% per annum is imposed on all damages awarded from the date of finality of this judgment until fully paid.[69]

GR No. 188978

2012-06-13

PEOPLE v. MARCIAL BAYRANTE Y BOAQUINA

LEONARDO-DE CASTRO, J.

Significantly, this Court has decreed that even if the alleged romantic relationship were true, this fact does not necessarily negate rape for a man cannot demand sexual gratification from a fiancée and worse, employ violence upon her on the pretext of love because love is not a license for lust.[30]

GR No. 187229

2012-02-22

ARNEL SISON Y ESCUADRO v. PEOPLE

PERALTA, J.

As to the damages awarded for the crime of qualified rape, however, modifications are in order. Considering that the penalty imposable is reclusion perpetua, the award of P75,000.00 as civil indemnity must be reduced to P50,000.00.[39] Also the award of P100,000.00 as moral damages should be reduced to P50,000.00 based on prevailing jurisprudence.[40] Exemplary damages in the amount of P30,000.00 should be awarded by reason of the established presence of the qualifying circumstance of use of a deadly weapon.[41]

	GR No. 194946 2014-09-03	PEOPLE v. ECO YABA Y BASA PEREZ, J.
As regards the award of damages, the amount of Fifty Thousand Pesos (P50,000.00) as civil indemnity, Fifty Thousand Pesos (P50,000.00) as moral damages, and Thirty Thousand Pesos (P30,000.00) as exemplary damages are in order. In addition, all damages awarded shall earn interest at the rate of 6% per annum to be computed from the date of finality of this judgment until fully paid, to be consistent with prevailing jurisprudence.[34]
	GR No. 207949 2014-07-23	PEOPLE v. ARMANDO DIONALDO Y EBRON PERLAS-BERNABE, J.
In addition, interest at the rate of six percent (6%) per annum shall be imposed on all damages awarded from the date of finality of judgment until fully paid, pursuant to prevailing jurisprudence.[40]
	GR No. 208719 2014-06-09	PEOPLE v. ROGER RINGOR UMAWID PERLAS-BERNABE, J.
In addition, interest at the rate of six percent (6%) per annum shall be imposed on all damages awarded from the date of finality of judgement until fully paid, pursuant to prevailing jurisprudence.[35]
	GR No. 194612 2014-01-27	PEOPLE v. FLORO MANIGO Y MACALUA DEL CASTILLO, J.
In addition, interest at the rate of 6% per annum shall be imposed on all damages awarded from the date of finality of this judgment until fully paid likewise pursuant to prevailing jurisprudence.[30]
	GR No. 190318 2013-11-27	PEOPLE v. ROBERTO VELASCO LEONARDO-DE CASTRO, J.
We have also recently reiterated that the failure of the victim to shout for help does not negate rape and the victim's lack of resistance especially when intimidated by the offender into submission does not signify voluntariness or consent.[22] Furthermore, it is doctrinally settled that "delay in reporting rape incidents, in the face of threats of physical violence, cannot be taken against the victim"[23] because "delay in reporting an incident of rape is not an indication of a fabricated charge [and] does [not] necessarily cast doubt on the credibility of the complainant."[24] It is likewise settled in jurisprudence that human reactions vary and are unpredictable when facing a shocking and horrifying experience such as sexual assault, thus, not all rape victims can be expected to act conformably to the usual expectations of everyone.[25]
	GR No. 203315 2013-09-18	PEOPLE v. JOEY BACATAN REYES, J.
Bacatan's submission that the contents of the medical certificate cannot be considered as corroborative of the claim of rape as the signatory himself did not testify, cannot prosper. As held in People v. Alverio,[31] medical evidence is dispensable evidence;[32] it is not necessary to prove rape in as much the time of its commission does not constitute a material ingredient of the crime.[33] These circumstances do not pertain to the details and elements that produce the gravamen of the offense that is - sexual intercourse with a woman against her will or without her consent.[34]
	GR No. 182457 2013-01-30	PEOPLE v. ANTONIO ASPREC LEONARDO-DE CASTRO, J.
When asked by defense counsel what impelled her to continue working for appellant's household despite her avowed fear for appellant after what happened between them, ABC answered that she pitied appellant's children because nobody would take care of them in her absence.[30] Appellant underscores this statement made by ABC as totally incongruous with the natural reaction and mindset of a rape victim. However, this Court cannot agree with this assertion since fear for a rapist and pity for his children are not mutually exclusive or inconsistent emotional reactions or sentiments. Moreover, ABC testified that appellant insisted that ABC stay in the house to take care of his children immediately after raping her.[31] Having established that fear pushed ABC to keep silent about the rape incident at issue, it can easily be inferred that it is also that same fear which forced her to keep on returning to appellant's house to work. On this note we reiterate what we declared in a previous ruling which states that human reactions vary and are unpredictable when facing a shocking and horrifying experience such as sexual assault. Not all rape victims can be expected to act conformably to the usual expectations of everyone.[32]
	GR No. 179059 2012-06-13	FIRST DIVISION VICTOR RONDINA v. PEOPLE DEL CASTILLO, J.
However, we note that the both the RTC and the CA failed to make an award for exemplary damages. Under Article 2229 of the Civil Code, exemplary damages are imposed by way of example or correction for the public good. "Exemplary damages are intended to serve as deterrent to serious wrongdoings, as a vindication of undue sufferings and wanton invasion of the rights of an injured, or as punishment for those guilty of outrageous conduct. Being corrective in nature, exemplary damages can be awarded, not only in the presence of an aggravating circumstance, but also where the circumstances of the case show the highly reprehensible or outrageous conduct of the offender."[67] Here, Victor raped a minor, "AAA," with the use of a knife, threatened to kill her and her family if she tells them of her ordeal, and even got her pregnant. Victor should therefore pay AAA exemplary damages in the amount of P30,000.00 in line with existing jurisprudence.[68] Also, interest at the rate of 6% per annum is imposed on all damages awarded from the date of finality of this judgment until fully paid.[69]
	GR No. 188978 2012-06-13	PEOPLE v. MARCIAL BAYRANTE Y BOAQUINA LEONARDO-DE CASTRO, J.
Significantly, this Court has decreed that even if the alleged romantic relationship were true, this fact does not necessarily negate rape for a man cannot demand sexual gratification from a fiancée and worse, employ violence upon her on the pretext of love because love is not a license for lust.[30]
	GR No. 187229 2012-02-22	ARNEL SISON Y ESCUADRO v. PEOPLE PERALTA, J.
As to the damages awarded for the crime of qualified rape, however, modifications are in order. Considering that the penalty imposable is reclusion perpetua, the award of P75,000.00 as civil indemnity must be reduced to P50,000.00.[39] Also the award of P100,000.00 as moral damages should be reduced to P50,000.00 based on prevailing jurisprudence.[40] Exemplary damages in the amount of P30,000.00 should be awarded by reason of the established presence of the qualifying circumstance of use of a deadly weapon.[41]

PEOPLE v. CARLO DUMADAG Y ROMIO