Lawyerly

GR No. 170569

2008-09-30

PEOPLE v. NORBERTO MATEO Y DIZON

AUSTRIA-MARTINEZ, J.

The gravamen of rape is carnal knowledge of a woman against her will or without her consent.[40]

GR NO. 172068

2007-08-07

PEOPLE v. ROLANDO MANGUBAT

GARCIA, J.

Lastly, with regard to appellant's civil liability, we affirm the award of P50,000.00 as civil indemnity for each count as it is automatically imposed upon the accused without need of proof other than the fact of the commission of rape.[37] We likewise affirm the award of moral damages in the amount of P50,000.00 for each count considering that the same is also automatically granted in rape cases without need of further proof other than the commission of the crime because it is assumed that a rape victim has actually suffered moral injuries entitling her to such award.[38]

GR Nos. 148804-06

2004-05-27

PEOPLE v. ORLANDO LIMIO Y QUEBRAL

QUISUMBING, J.

Hymenal lacerations, whether healed or fresh, are the best physical evidence of forcible defloration.[31] In this case, Dr. Vergara's medical findings, as presented to the court at the trial, corroborate the offended party's claim of sexual violation by appellant. Digna's hymen showed the healed lacerations at the 3 o'clock, 9 o'clock, and 11 o'clock positions. As Dr. Vergara testified, they could have resulted from sexual intercourse. When the consistent and forthright testimony of a rape victim is consistent with the medical findings, there is sufficient basis to warrant a conclusion that the essential requisites of carnal knowledge have been established. [32]

GR Nos. 152592-93

2004-02-13

PEOPLE v. JOURIEL DIMACUHA Y CASAO

YNARES-SATIAGO, J.

The trial court, however, failed to award civil indemnity in favor of Sherie Ann. Civil indemnity, which is in the nature of actual or compensatory damages,[20] is distinct and separate from actual damages as the former is mandatory upon the finding of rape. Civil indemnity is automatically imposed upon the accused without need of proof other than the fact of the commission of rape.[21] The amount of P50,000.00 for each count of rape, or a total of P100,000.00 as civil indemnity is therefore proper in the instant case.

GR No. 153219

2003-12-01

PEOPLE v. EDGAR MOLLEDA Y PONTANES

YNARES-SANTIAGO, J.

Moreover, the victim's acts of immediately narrating the incident to her live-in partner, reporting it to the police authorities and undergoing medical examination bolster her charge of rape.[9] No woman would openly admit that she was raped and consequently subject herself to an examination of her private parts, undergo the trauma and humiliation of a public trial, and embarrass herself with the need to narrate in detail the manner of its commission.[10]

GR No. 137597

2003-10-24

PEOPLE v. JASON S. NAVARRO

CARPIO MORALES, J.

Pursuant to prevailing jurisprudence, as the rape was not effectively qualified by any circumstance for which the imposition of the death penalty is authorized, the victim is entitled to civil indemnity of P50,000.00[39] which is automatically imposed upon a finding of the commission of rape.[40] Additionally, she is entitled to moral damages of P50,000.00 without need of proving the basis thereof because it is assumed that the victim suffered moral injuries entitling her to such an award.[41] Appellants, having acted in conspiracy, their civil liability in favor of the victim is accordingly solidary.[42]

GR No. 149810

2003-08-28

PEOPLE v. CRISPIN T. RUALES

YNARES-SANTIAGO, J.

Testimonies of rape victims, especially child victims, are given full weight and credit.[16] In the case at bar, the victim was barely eight years old when she was raped. We have consistently held that when a woman, more so if she is a minor, says that she has been raped, she says in effect all that is necessary to show that rape was committed.[17] Moreover, the records show that the complainant was crying when she testified.[18] This has been held to be evidence of truthfulness of the rape charge with the verity born out of human nature and experience.[19]

GR Nos. 146693-94

2003-07-31

PEOPLE v. ROLANDO MENDOZA

CARPIO MORALES, J.

The trial court failed to award to Monaliza civil indemnity which is automatically imposed upon finding of the commission of rape.[59] Since the death penalty is not imposed, appellant is liable to pay civil indemnity in the amount of P50,000.00 for each count.[60]

GR No. 148725

2003-07-31

PEOPLE v. LUIS TAMPIS

YNARES-SANTIAGO, J.

The assessment of the credibility of witness and their testimony is a matter best undertaken by the trial court because of its unique opportunity to observe the witnesses firsthand; and to note their demeanor, conduct and attitude under examination. Its findings on such matters are binding and conclusive on appellate courts unless some facts or circumstances of weight and substance have been overlooked, misapprehended or misinterpreted.[33]

GR Nos. 137587 & 138329

2003-07-29

PEOPLE v. TEOFILO MADRONIO Y ISIP

CALLEJO, SR., J.

Rape is committed by having carnal knowledge of a woman under any of the following circumstances: (1) by using force or intimidation; (2) when the woman is deprived of reason or otherwise unconscious; and (3) when the woman is under 12 years of age, even though neither of the circumstances mentioned in the two next preceding paragraphs shall be present, the gravamen of rape is carnal knowledge against a woman against her will or without her consent.[20]

GR Nos. 133994-95

2003-03-14

PEOPLE v. PEDRO BACALING

AZCUNA, J.

We now go into the correctness of the damages awarded. We agree with the observation of the Solicitor General that, based on current jurisprudence, the award of damages should be increased. It has been our practice outrightly to award P50,000.00 as civil indemnity for victims of rape.[28] Aside from this, we also ruled on the automatic award of P50,000.00 as moral damages without specific proof of mental, physical and psychological trauma, which are already presumed from the fact of rape.[29] Considering that appellant is found guilty on two counts of rape, we should award to the victim P100,000.00 as civil indemnity and P100,000.00 as moral damages.

	GR No. 170569 2008-09-30	PEOPLE v. NORBERTO MATEO Y DIZON AUSTRIA-MARTINEZ, J.
The gravamen of rape is carnal knowledge of a woman against her will or without her consent.[40]
	GR NO. 172068 2007-08-07	PEOPLE v. ROLANDO MANGUBAT GARCIA, J.
Lastly, with regard to appellant's civil liability, we affirm the award of P50,000.00 as civil indemnity for each count as it is automatically imposed upon the accused without need of proof other than the fact of the commission of rape.[37] We likewise affirm the award of moral damages in the amount of P50,000.00 for each count considering that the same is also automatically granted in rape cases without need of further proof other than the commission of the crime because it is assumed that a rape victim has actually suffered moral injuries entitling her to such award.[38]
	GR Nos. 148804-06 2004-05-27	PEOPLE v. ORLANDO LIMIO Y QUEBRAL QUISUMBING, J.
Hymenal lacerations, whether healed or fresh, are the best physical evidence of forcible defloration.[31] In this case, Dr. Vergara's medical findings, as presented to the court at the trial, corroborate the offended party's claim of sexual violation by appellant. Digna's hymen showed the healed lacerations at the 3 o'clock, 9 o'clock, and 11 o'clock positions. As Dr. Vergara testified, they could have resulted from sexual intercourse. When the consistent and forthright testimony of a rape victim is consistent with the medical findings, there is sufficient basis to warrant a conclusion that the essential requisites of carnal knowledge have been established. [32]
	GR Nos. 152592-93 2004-02-13	PEOPLE v. JOURIEL DIMACUHA Y CASAO YNARES-SATIAGO, J.
The trial court, however, failed to award civil indemnity in favor of Sherie Ann. Civil indemnity, which is in the nature of actual or compensatory damages,[20] is distinct and separate from actual damages as the former is mandatory upon the finding of rape. Civil indemnity is automatically imposed upon the accused without need of proof other than the fact of the commission of rape.[21] The amount of P50,000.00 for each count of rape, or a total of P100,000.00 as civil indemnity is therefore proper in the instant case.
	GR No. 153219 2003-12-01	PEOPLE v. EDGAR MOLLEDA Y PONTANES YNARES-SANTIAGO, J.
Moreover, the victim's acts of immediately narrating the incident to her live-in partner, reporting it to the police authorities and undergoing medical examination bolster her charge of rape.[9] No woman would openly admit that she was raped and consequently subject herself to an examination of her private parts, undergo the trauma and humiliation of a public trial, and embarrass herself with the need to narrate in detail the manner of its commission.[10]
	GR No. 137597 2003-10-24	PEOPLE v. JASON S. NAVARRO CARPIO MORALES, J.
Pursuant to prevailing jurisprudence, as the rape was not effectively qualified by any circumstance for which the imposition of the death penalty is authorized, the victim is entitled to civil indemnity of P50,000.00[39] which is automatically imposed upon a finding of the commission of rape.[40] Additionally, she is entitled to moral damages of P50,000.00 without need of proving the basis thereof because it is assumed that the victim suffered moral injuries entitling her to such an award.[41] Appellants, having acted in conspiracy, their civil liability in favor of the victim is accordingly solidary.[42]
	GR No. 149810 2003-08-28	PEOPLE v. CRISPIN T. RUALES YNARES-SANTIAGO, J.
Testimonies of rape victims, especially child victims, are given full weight and credit.[16] In the case at bar, the victim was barely eight years old when she was raped. We have consistently held that when a woman, more so if she is a minor, says that she has been raped, she says in effect all that is necessary to show that rape was committed.[17] Moreover, the records show that the complainant was crying when she testified.[18] This has been held to be evidence of truthfulness of the rape charge with the verity born out of human nature and experience.[19]
	GR Nos. 146693-94 2003-07-31	PEOPLE v. ROLANDO MENDOZA CARPIO MORALES, J.
The trial court failed to award to Monaliza civil indemnity which is automatically imposed upon finding of the commission of rape.[59] Since the death penalty is not imposed, appellant is liable to pay civil indemnity in the amount of P50,000.00 for each count.[60]
	GR No. 148725 2003-07-31	PEOPLE v. LUIS TAMPIS YNARES-SANTIAGO, J.
The assessment of the credibility of witness and their testimony is a matter best undertaken by the trial court because of its unique opportunity to observe the witnesses firsthand; and to note their demeanor, conduct and attitude under examination. Its findings on such matters are binding and conclusive on appellate courts unless some facts or circumstances of weight and substance have been overlooked, misapprehended or misinterpreted.[33]
	GR Nos. 137587 & 138329 2003-07-29	PEOPLE v. TEOFILO MADRONIO Y ISIP CALLEJO, SR., J.
Rape is committed by having carnal knowledge of a woman under any of the following circumstances: (1) by using force or intimidation; (2) when the woman is deprived of reason or otherwise unconscious; and (3) when the woman is under 12 years of age, even though neither of the circumstances mentioned in the two next preceding paragraphs shall be present, the gravamen of rape is carnal knowledge against a woman against her will or without her consent.[20]
	GR Nos. 133994-95 2003-03-14	PEOPLE v. PEDRO BACALING AZCUNA, J.
We now go into the correctness of the damages awarded. We agree with the observation of the Solicitor General that, based on current jurisprudence, the award of damages should be increased. It has been our practice outrightly to award P50,000.00 as civil indemnity for victims of rape.[28] Aside from this, we also ruled on the automatic award of P50,000.00 as moral damages without specific proof of mental, physical and psychological trauma, which are already presumed from the fact of rape.[29] Considering that appellant is found guilty on two counts of rape, we should award to the victim P100,000.00 as civil indemnity and P100,000.00 as moral damages.

PEOPLE v. MANUEL ESPERIDA