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PEOPLE v. RICARDO B. MIRANDA

This case has been cited 7 times or more.

	GR No. 172962 2010-07-08	PEOPLE v. ROMEO REPUBLO LEONARDO-DE CASTRO, J.
On the civil aspect of the case at bar, the trial court correctly found accused-appellant civilly liable in the amount of P50,000.00 as moral damages and P50,000.00 as civil indemnity for each of the counts of consummated rape. These amounts are consistent with prevailing jurisprudence.[31] The trial court, however, omitted the civil liabilities of accused-appellant for the attempted rape. Prevailing jurisprudence sets the amount of the civil indemnity in attempted rape at P30,000.00 and moral damages at P25,000.00.[32] We hereby modify the disposition in the lower courts to include such amounts.
	GR No. 182517 2009-03-13	PEOPLE v. MANUEL BRIOSO Y TANDA NACHURA, J.
Then again in People v. Miranda,[30] the Court convicted the accused only of attempted rape due to lack of evidence to establish that there was even a slight penile penetration. The victim testified that the accused tried to insert his penis into her private parts; when he did not succeed, he inserted his finger instead; and she felt pain. The medical examination report also did not establish that there was even a slight penile penetration, as it merely found that the abrasions on her vulva were caused only by the fingers.
	GR No. 179189 2008-02-26	PEOPLE v. REYNALDO RESUMA y AGRAVANTE alias “GEROM TINGA, J,
Any review of a rape case begins with the settled reality that accusing a person of this crime can be done with facility. Thus, the testimony of the complainant must always be scrutinized with great caution. It may not be easy for her to prove the commission of rape; yet it is even more difficult for the accused, though innocent, to disprove his guilt. This principle must be viewed in relation to that which holds that the evidence for the prosecution must stand or fall on its own merits; it cannot draw strength from the weakness of the evidence for the defense.[28] When a rape victim's testimony, however, is straightforward, unflawed by any material or significant inconsistency, then it deserves full faith and credit and cannot be discarded. Once found credible, her lone testimony is sufficient to sustain a conviction.[29]
	GR No. 174473 2007-08-17	PEOPLE v. ALVIN ABULON Y SALVANIA TINGA, J.
In People v. Silvano,[70] the Court recognized that the father's insertion of his tongue and finger into his daughter's vaginal orifice would have subjected him to liability for "instrument or object rape" had the new law been in effect already at the time he committed the acts. Similarly, in People v. Miranda,[71] the Court observed that appellant's insertion of his fingers into the complainant's organ would have constituted rape by sexual assault had it been committed when the new law was already in effect.
	GR NO. 166617 2007-07-03	PEOPLE v. AGUSTIN ABELLERA Y CAMANA CORONA, J.
On damages, we see no error in the CA's award of civil indemnity and moral damages in Crim. Case Nos. 97-0007 and 97-0007-A. However, in Crim. Case No. 96-0460, since the death penalty was originally imposed on respondent, the award of civil indemnity should be increased to P75,000[33] and moral damages to P75,000.[34] Exemplary damages of P30,000 must also be awarded in these cases to deter others with perverse tendencies from sexually abusing young girls of their own flesh and blood.[35]
	GR NO. 170840 2006-11-29	PEOPLE v. GREGORIO CARPIO TINGA, J.
Any review of a rape case begins with the settled reality that accusing a person of this crime can be done with facility. Thus, the testimony of the complainant must always be scrutinized with great caution. It may not be easy for her to prove the commission of rape; yet it is even more difficult for the accused, though innocent, to disprove his guilt. This principle must be viewed in relation to that which holds that the evidence for the prosecution must stand or fall on its own merits; it cannot draw strength from the weakness of the evidence for the defense.[48]
	GR NO. 166401 2006-10-30	PEOPLE v. ALFREDO BON TINGA, J.
Lastly, as to damages, the Court awards AAA P30,000.00 as civil indemnity, P25,000.00 as moral damages and P10,000.00 as exemplary damages for each count of attempted rape, it being the prevailing rate of indemnity as pronounced in the recent case of People v. Miranda.[89]