This case has been cited 4 times or more.
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2014-07-02 |
PEREZ, J. |
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| It bears emphasis that sexual intercourse with a girl below twelve years of age is statutory rape. Thus, force, intimidation, and physical evidence of injury are not relevant considerations; the only subject of inquiry is the age of the woman and whether carnal knowledge took place.[18] The law presumes that the victim does not and cannot have a will of her own on account of her tender years; the child's consent is immaterial because of her presumed incapacity to discern good from evil.[19] In the case at bench, AAA, while recounting her unfortunate ordeal, positively identified the accused as the perpetrator; she never wavered in this identification. | |||||
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2009-12-04 |
BRION, J. |
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| Rape under paragraph 3 of this article is termed statutory rape as it departs from the usual modes of committing rape. What the law punishes in statutory rape is carnal knowledge of a woman below twelve (12) years old. Thus, force, intimidation and physical evidence of injury are not relevant considerations; the only subject of inquiry is the age of the woman and whether carnal knowledge took place.[33] The law presumes that the victim does not and cannot have a will of her own on account of her tender years; the child's consent is immaterial because of her presumed incapacity to discern good from evil.[34] | |||||
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2009-02-24 |
QUISUMBING, J. |
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| As to the civil indemnity and damages, the trial court, as affirmed by the appellate court, correctly awarded P50,000 civil indemnity and P50,000 moral damages in line with prevailing jurisprudence.[25] Likewise, the award of P25,000 exemplary damages due to the presence of the aggravating circumstance of use of a deadly weapon (fan knife) is proper.[26] | |||||
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2009-02-06 |
BRION, J. |
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| Rape under paragraph 3 of this article is termed statutory rape as it departs from the usual modes of committing rape. What the law punishes in statutory rape is carnal knowledge of a woman below twelve (12) years old. Thus, force, intimidation, and physical evidence of injury are immaterial; the only subject of inquiry is the age of the woman and whether carnal knowledge took place.[22] The law presumes that the victim does not and cannot have a will of her own on account of her tender years; the child's consent is immaterial because of her presumed incapacity to discern evil from good.[23] | |||||