This case has been cited 3 times or more.
|
2008-10-10 |
LEONARDO-DE CASTRO, J. |
||||
| The trial court correctly awarded P75,000.00 for each count of rape as civil indemnity. This is in line with the ruling in People v. Victor,[31] in which we held that if the crime of rape is committed or effectively qualified by any of the circumstances under which the death penalty is authorized by the present amended law, the indemnity for the victim should be increased to an amount not less than P75,000.00. We likewise agree with the finding of the CA that in addition to the award of exemplary damages in the amount of P25,000.00 for each case, moral damages should be increased from P50,000.00 to P75,000.00, in accordance with the prevailing jurisprudence.[32] | |||||
|
2008-02-27 |
CARPIO MORALES, J. |
||||
| Appellant has maintained his alibi. To successfully invoke alibi, however, an accused must establish with clear and convincing evidence not only that he was somewhere else when the crime was committed but also that it was physically impossible for him to have been at the scene of the crime at the time of its commission.[25] | |||||
|
2008-02-19 |
CARPIO, J. |
||||
| Republic Act No. 9346[6] now prohibits the imposition of the death penalty. Thus, the penalty of reclusion perpetua should be imposed, without eligibility for parole. Moreover, the award of moral damages should be increased from P50,000 to P75,000 in accordance with prevailing jurisprudence.[7] | |||||