This case has been cited 4 times or more.
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2007-12-17 |
CHICO-NAZARIO, J. |
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| when the victim is under eighteen (18) years of age and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law-spouse of the parent of the victim. x x x. (Emphasis supplied.) From the aforesaid provision of law, both minority and actual relationship must be alleged and proved in order to convict the appellant for qualified rape; otherwise, a conviction for rape in its qualified form will be barred.[55] | |||||
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2004-01-20 |
AZCUNA, J. |
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| Consequently, modifications are also in order with regard to appellant's civil liability. The amount of P75,000 should be reduced to P50,000.00 as the rape for which appellant can be convicted is simple rape.[52] Moral damages in the amount of P50,000 was correctly awarded by the trial court, without need for the victim to plead or prove the basis thereof beyond the fact of rape.[53] | |||||