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PEOPLE v. EDUARDO LIMOS Y DE VERA

This case has been cited 8 times or more.

	GR No. 206095 2013-11-25	PEOPLE v. ROBERTO GARCIA Y PADIERNOS MENDOZA, J.
Well-settled is the rule that qualifying circumstances must be specifically alleged in the Information and duly proven with equal certainty as the crime itself.[24] The victim's minority must be proved conclusively and indubitably as the crime itself.[25]
	GR No. 174195 2008-12-10	PEOPLE v. CATALINO MINGMING Y DISCALSO BRION, J.
On the basis of this analysis of the applicable law, we find that the CA and the RTC correctly imposed the penalty of reclusion perpetua for each of the first and second rapes. We also sustain the awards of civil indemnity, moral damages and exemplary damages in the two cases in accordance with prevailing jurisprudence on the matter.[74] Civil indemnity is awarded upon the finding of rape.[75] Similarly, moral damages are awarded to rape complainants without need of pleading or proof of its basis; the law assumes that a rape complainant actually suffered moral injuries entitling her to the award.[76] Exemplary damages, on the other hand, are awarded in rape cases to serve as deterrent against the commission of this bestial offense.[77]
	GR No. 168448 2008-10-08	PEOPLE v. FAJARDO NAPUDO BRION, J.
The CA correctly increased the amount of moral damages to P50,000 in accordance with prevailing jurisprudence.[61] Moral damages, is automatically due to rape victims without the necessity of proof; the law assumes that the victim suffered moral injuries entitling her to this award.[62] The award of P50,000 as civil indemnity is similarly proper and is in fact mandatory upon the finding of rape.[63]
	GR NO. 170474 2006-06-16	PEOPLE v. ALEX CANDAZA Y CALVADORES YNARES-SANTIAGO, J.
Appellant's contention that it was highly improbable for him to lie motionless for five minutes on top of Kristine after he had fully penetrated the latter deserves short shrift. Suffice it to say that, just as there are no fixed standards by which victims may react to a sexual trauma, we cannot likewise reasonably assume that perpetrators of crimes would consummate offenses in the usual, expected manner. Similarly, it is not implausible for appellant to have committed the lascivious acts complained of in front of the victim' house. Lust, as we have often held, is no respecter of either place or time.[36]
	GR No. 135675 2004-06-23	PEOPLE v. FEDERICO ORTIZUELA Y EUGENIO PER CURIAM
For the charge of rape to prosper, the prosecution must prove that (1) the offender had carnal knowledge of a woman, and (2) he accomplished such act through force or intimidation, or when she is deprived of reason or otherwise unconscious, or when she is under 12 years of age or is demented.[14]
	GR Nos. 130493-98 2004-04-28	PEOPLE v. ROGELIO LAYUGAN Y FURUC SANDOVAL-GUTIERREZ, J.
For the charge of rape to prosper under the above provisions, it is required that (1) the offender had carnal knowledge of a woman; and (2) he accomplished such act through force or intimidation upon her; or when she is deprived of reason or otherwise unconscious; or when she is under 12 years of age or is demented.[16]
	GR Nos. 132127-29 2004-03-31	PEOPLE v. RONIE GABELINIO SANDOVAL-GUTIERREZ, J.
"Susan was very categorical that she was threatened by the accused before and after the rapes. As observed by the Court, Susan appears weak and frail and could readily be subdued, especially by a guard who must have learned the rudiments of physical combat. x x x." It is doctrinally settled that the factual findings of the trial court, especially on the credibility of the rape victim, are accorded great weight and respect and will not be disturbed on appeal. This is so because the trial court has the advantage of observing the victim through the different indicators of truthfulness or falsehood, such as the angry flush of an insisted assertion, the sudden pallor of a discovered lie, the tremulous mutter of a reluctant answer, the forthright tone of a ready reply, the furtive glance, the blush of conscious shame, the hesitation, the yawn, the sigh, the candor or lack of it, the scant or full realization of the solemnity of an oath.[7]
	GR No. 132146 2004-03-10	PEOPLE v. DANTE GAUFO Y DILAO SANDOVAL-GUTIERREZ, J.
x x x" The elements of rape under the above provisions are: (1) the offender had carnal knowledge of a woman; and (2) such act was accomplished through force or intimidation; or when the victim is deprived of reason or otherwise unconscious; or when the victim is under 12 years of age or is demented.[32]