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PEOPLE v. AC-MAD PANDAPATAN Y DIMALAPANG

This case has been cited 9 times or more.

	GR No. 184762 2015-02-25	PEOPLE v. DOMINGO GALLANO y JARANILLA BERSAMIN, J.
After reviewing the records, the Court concludes that the trial court was not arbitrary in its appreciation of the proof of rape, and, therefore, the CA correctly ruled that the crime of rape was established beyond reasonable doubt even upon the lone testimony of the victim herself. With the lower courts not being shown by Gallano to have overlooked any matter or circumstance of weight that could alter the result in his favour, their appreciation must be viewed with respect. It is settled that the findings of fact by the trial court are accorded great weight, and are even held to be conclusive and binding unless they were tainted with arbitrariness or oversight.[27] This respect is but a recognition that the trial court is better situated to assess the testimonies and evidence laid out before it during the trial.[28]
	GR No. 187155 2010-02-01	PEOPLE v. MARIANO OFEMIANO VELASCO JR., J.
To sustain a conviction for rape, there must be proof of the penetration of the female organ.[26] The testimony of the victim established how accused-appellant repeatedly ravished her. She described with clarity how he undressed her and succeeded in forcing himself on her. On cross examination, the victim maintained her account of the rape and never once faltered in her declaration that accused-appellant sexually molested her. Supporting her claim is the medico-legal finding that she has old healed hymenal lacerations. As established by jurisprudence, when the victim's straightforward testimony is consistent with the physical finding of penetration, sufficient basis exists for concluding that that sexual intercourse did take place.[27]
	GR No. 167755 2008-11-28	PEOPLE v. NESTOR VELUZ AUSTRIA-MARTINEZ, J.
On the other hand, the Court deems it proper to modify the amounts awarded for moral damages and exemplary damages to bring them at par with prevailing jurisprudence. Moral damages are awarded without need of proof for mental, physical and psychological suffering undeniably sustained by a rape victim.[69] Exemplary damages are awarded when the victim of the crime is a young girl so as to set a public example against elders abusing and corrupting the youth.[70] Thus, the amount awarded as moral damages is increased from P50,000.00 to P75,000.00,[71] while the amount awarded as exemplary damages should be reduced from P30,000.00 to P25,000.00.[72]
	GR No. 177563 2008-10-10	PEOPLE v. DIOSDADO BALOBALO CARPIO MORALES, J.
To sustain a conviction for rape, there must be proof of the penetration of the female organ.[24] Consider the following testimony of AAA: Q When he lied [sic] on top of you what[,] if anything[,] did he do next? A He placed his penis on my vagina. He made a push and pull movement of his body while on top of my body.
	GR No. 177161 2008-06-30	PEOPLE v. ABRAHAM BUNAGAN Y SONIO VELASCO JR., J.
The exact date of the sexual assault is not an essential element of the crime of rape. What is important is the fact of the commission of the rape[14] or that there is proof of the penetration of the female organ.[15] In this case, accused-appellant admitted that he had sexual relations with the victim during the times that the alleged rape took place. His only defense was that those sexual encounters happened with AAA's consent. Thus, the matter of the exact date of the commission of the crime is already immaterial.
	GR No. 167756 2008-04-09	PEOPLE v. JERRY NAZARENO REYES, R.T., J.
The Court has consistently ruled that no young girl would concoct a sordid tale of defloration at the hands of her own father, undergo medical examination, then subject herself to the stigma and embarrassment of a public trial, if her motive were other than a fervent desire to seek justice.[48] A rape victim's testimony against her parent is entitled to great weight since Filipino children have a natural reverence and respect for their elders. These values are so deeply ingrained in Filipino families, and it is unthinkable for a daughter to brazenly concoct a story of rape if such were not true.[49] Certainly, a rape victim or any other member of her family would not dare to publicly expose the dishonor of the family, more specifically, if such accusation is against a fellow member of the family, unless the crime was, in fact, committed.[50]
	GR No. 169245 2008-02-15	PEOPLE v. NELSON ABON Y NOVIDO VELASCO JR., J.
To sustain a conviction for rape, there must be proof of the penetration of the female organ.[20] In this case, the conviction of accused-appellant was anchored mainly on the testimony of the minor victim, AAA. However, accused-appellant casts doubt on AAA's credibility by tagging her as a disturbed child who invented the accusation against him because he maltreated her.[21] This theory deserves scant consideration. Rape victims, especially those of tender age, would not concoct a story of sexual violation, or allow an examination of their private parts and undergo public trial, if they are not motivated by the desire to obtain justice for the wrong committed against them.[22] Moreover, a rape victim's testimony against her father goes against the grain of Filipino culture as it yields unspeakable trauma and social stigma on the child and the entire family. Thus, great weight is given to an accusation a child directs against her father.[23]
	GR No. 174058 2007-12-27	PEOPLE v. CARMELITO LAURENTE CAPWA VELASCO JR., J.
We now rule on the prosecution's sufficiency of evidence. To sustain a conviction for rape, there must be proof of the penetration of the female organ.[21] In this case, the conviction of accused-appellant was anchored mainly on the testimony of the minor victim, AAA.
	GR NO. 176266 2007-08-08	PEOPLE v. FELIX ORTOA Y OBIA CHICO-NAZARIO, J.
On the other hand, we deem it proper to modify the amounts awarded for moral damages and exemplary damages to bring them at par with prevailing jurisprudence. Thus, we increase the amount awarded as moral damages from P50,000.00 to P75,000.00,[38] while the amount awarded as exemplary damages should be reduced from P30,000.00 to P25,000.00.[39]