This case has been cited 8 times or more.
|
2010-02-01 |
DEL CASTILLO, J. |
||||
| Much less convincing is the proposition of the appellant that "AAA" filed the complaint against him because she and her other relatives were harboring ill feelings and evil motives against him. Ill motives become inconsequential where there are affirmative or categorical declarations establishing the accountability of the appellant for the felony, as in this case.[24] Moreover, we have observed that persons convicted of rape sometimes attribute the charges against them to family feuds, resentment or revenge.[25] However, as borne out by numerous cases, family resentment, revenge or feuds have never swayed us from giving full credence to the testimony of a complainant for rape, especially a minor who remained steadfast and unyielding throughout the trial that she was sexually violated.[26] | |||||
|
2009-01-20 |
CHICO-NAZARIO, J. |
||||
| As regards the damages awarded by the Court of Appeals, we find the same to be proper. The award of civil indemnity is mandatory in rape convictions.[20] A civil indemnity of P50,000.00 is automatically given to the offended party without need of further evidence other than the commission of rape. In accordance with prevailing jurisprudence, the amount of P50,000.00 for moral damages is likewise appropriate.[21] | |||||
|
2008-12-04 |
CHICO-NAZARIO, J. |
||||
| As regards the award of damages, we have held that if the crime is qualified by circumstances which warrant the imposition of the death penalty by the applicable laws, the accused should be ordered to pay the complainant the amount of P75,000.00 as civil indemnity.[13] The award of civil indemnity is mandatory in rape convictions.[14] While the death penalty can no longer be imposed, the trial court was nevertheless correct in awarding the amount of P75,000.00 as civil indemnity. We have qualified in People v. Victor[15] that the said award is not supposed to be dependent on the actual imposition of the death penalty, but on the fact that the qualifying circumstances warranting the imposition of the death penalty attended the commission of the offense. | |||||
|
2007-03-23 |
YNARES-SANTIAGO, J. |
||||
| AAA's failure to shout for help does not negate the commission of rape. Although there was a basketball court located outside of the appellant's house, AAA testified that she did not notice if there were people at the basketball court at the time of rape.[14] She also said that the nearest neighboring house was 25 meters away[15] and the sight of a bolo hanging on the wall and the continuing intimidation by appellant sufficiently cowed her into submission. Indeed, the failure to shout or offer tenacious resistance does not make voluntary the victim's submission to the criminal act of the offender.[16] Physical resistance need not be proved in rape when intimidation, as in this case, is exercised upon the victim and she submits herself, against her will, to the rapist's advances because of fear for her life and personal safety. It suffices that the intimidation produces fear in the mind of the victim that if she did not submit to the bestial demands of the accused, something worse would befall her at the time she was being molested.[17] | |||||
|
2006-11-29 |
TINGA, J. |
||||
| Anent the accused's civil liability, we affirm the award of the amount of P50,000.00 by way of actual damages as civil indemnity is mandatory upon conviction of the crime of rape.[65] We, however, modify the award of moral damages to P50,000.00 in light of prevailing jurisprudence.[66] We further delete the award of exemplary damages there being no aggravating or qualifying circumstance proven in the commission of the offense but we resolve to award P25,000.00 as temperate damages.[67] | |||||
|
2006-10-12 |
TINGA, J. |
||||
| With respect to the civil liability of appellant, we affirm the RTC decision in awarding civil indemnity in the amount of P75,000.00 which is mandatory upon a conviction for rape.[42] We however, modify the award of moral damages to P75,000.00,[43] in light of the prevailing jurisprudence that the victim is assumed to have suffered such damages.[44] The presence of the qualifying circumstance of minority necessitates the award of P25,000.00 as exemplary damages.[45] | |||||
|
2006-09-08 |
TINGA, J. |
||||
| Much less convincing is appellant's proposition that ill feelings and ill motives of the victim's mother impelled the filing of the charges against him. Ill-motives become inconsequential where there are affirmative or categorical declarations establishing appellant's accountability for the felony.[52] We have, furthermore, observed not a few persons convicted of rape have attributed the charges against them to family feuds, resentment or revenge.[53] However, as borne out by a plethora of cases, family resentment, revenge or feuds have never swayed us from giving full credence to the testimony of a complainant for rape, especially a minor who remained steadfast and unyielding throughout the direct and cross- examination that she was sexually abused.[54] It would take a certain degree of perversity on the part of a parent, especially a mother, to concoct a false charge of rape and then use her daughter as an instrument to settle her grudge.[55] | |||||
|
2005-09-14 |
PER CURIAM |
||||
| The award of civil indemnity, which is in the nature of actual or compensatory damages, is mandatory upon a conviction for rape.[43] On the other hand, exemplary damages is awarded when the commission of the offense is attended by an aggravating circumstance, whether ordinary or qualifying.[44] | |||||