This case has been cited 2 times or more.
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2000-04-12 |
GONZAGA-REYES, J. |
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| The P50,000.00 indemnity awarded by the trial court must be modified. Instead of the sum of P50,000.00 as indemnity, we award P75,000.00 as civil indemnity considering that the crime was committed with the use of a weapon as alleged in the information and proven in court. In consonance with jurisprudence, the increase of the civil indemnity to P75,000.00 is justified if the crime was committed under circumstances that justify the imposition of the death penalty.[42] In People vs. Bañago[43], the accused committed the crime of rape with the use of a gun on October 15, 1993, before the passage of RA 7659. This Court was thus precluded from meting out the death penalty, but nevertheless the accused was ordered to pay civil indemnity in the amount of P75, 000.00.[44] | |||||
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2000-03-31 |
QUISUMBING, J. |
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| The peculiar nature of rape is that "conviction or acquittal depends almost entirely upon the word of the private complainant."[18] The crime of rape is essentially one committed in relative isolation or even secrecy, hence it is usually only the victim who can testify with regard to the fact of forced coitus.[19] In the assessment of credibility of witnesses, we have laid down the following parameters :[20] | |||||