This case has been cited 8 times or more.
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2000-08-31 |
DAVIDE JR., C.J. |
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| should be ordered to pay NIA the amount of P50,000 as indemnity.[38] In view of the presence of generic aggravating circumstance of abuse of confidence exemplary damages in the amount of P20,000 may be awarded.[39] | |||||
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2000-08-24 |
PER CURIAM |
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| place, for rapists bear no respect for locale and time when they carry out their evil deed.[30] In fact, it can be committed in places were people congregate, in parks, along the roadside, within school premises, inside an occupied house, and even in the room where other members of the family are also sleeping.[31] Thus, it is not totally impossible for FELIZARDO to have raped KATHERINE even when the other members of the household were present. Again, there is no rule to the effect that a woman can only be raped in seclusion.[32] Anent the silence of KATHERINE for ten months, we have held time and again that the silence of the offended party in a case of rape, or her failure to disclose her defilement without loss of time to persons close to her and to report the matter to the authorities, would not | |||||
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2000-07-05 |
YNARES-SANTIAGO, J. |
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| Statutory rape committed in 1991 is punishable by reclusion perpetua.[27] Although under the present law, the rape of a child below 18 years old with the offender being a common law spouse of the parent of the victim carries the mandatory penalty of death, the same cannot be applied to appellant because its retroactive application would be unfavorable to him.[28] On the civil indemnity, the award of P50,000.00 given by the trial court is proper. However, in addition thereto, victims of rape are also entitled to moral damages of P50,000.00 without need of proof other than the fact of rape, and exemplary damages of P20,000.00.[29] | |||||
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2000-06-08 |
KAPUNAN, J. |
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| If a complainant's testimony meets the test of credibility, the accused may be convicted on the sole basis thereof.[34] In a prosecution for rape, the complainant's candor is the single most important issue.[35] We have thoroughly examined the records and find nothing that would cast doubt as to the credibility of the complainant's testimony. | |||||
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2000-04-12 |
GONZAGA-REYES, J. |
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| Exemplary damages may be awarded in criminal cases as part of the civil liability if the crime was committed with one or more aggravating circumstances.[48] Since dwelling is appreciated in this case as an aggravating circumstance under Article 14 (6) of the Revised Penal Code, the award of P 20,000.00 as exemplary damages is therefore in order. | |||||
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2000-02-23 |
QUISUMBING, J. |
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| We note, however, that the trial court awarded only P50,000.00 as indemnity and moral damages. Pursuant to current jurisprudence, the award of P50,000.00 as civil indemnity is mandatory upon the finding of the fact of rape.[31] In addition, moral damages amounting to P50,000.00 at the least should be imposed in rape cases involving young and immature girls between the ages of thirteen and nineteen, without need of further proof.[32] | |||||
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2000-02-16 |
PARDO, J. |
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| Contrary to accused-appellant's contention, the presence of other people in the vicinity does not deter the commission of rape. There is no rule that rape can be committed only in seclusion.[15] It can be committed in places where people congregate, in parks, along the roadside, within school premises, inside an occupied house and even in a room where other members of the family are also sleeping.[16] | |||||
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2000-01-28 |
PARDO, J. |
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| "In any case, the failure of the victim to immediately report a rape is not an indication of a fabricated charge."[23] The lapse of three (3) months prior to the criminal accusation for rape is not sufficient to show that the charge of rape is doubtful. In People vs. Coloma,[24] the Court declared that even a delay of eight (8) years is not a sign of fabrication.[25] | |||||