This case has been cited 3 times or more.
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2009-02-24 |
CORONA, J. |
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| In view of the enactment of RA 8353[7] and RA 9346,[8] the CA found appellant guilty only of simple rape and reduced the penalty imposed to reclusion perpetua. Furthermore, in addition to the civil indemnity ex delicto (which is mandatory once the fact of rape is proved)[9] granted by the RTC, it awarded P50,000 as moral damages and P25,000 as exemplary damages. Moral damages are automatically granted in rape cases without need of proof other than the commission of the crime[10] while exemplary damages are awarded by way of example and in order to protect young girls from sexual abuse and exploitation.[11] | |||||
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2004-06-03 |
YNARES-SATIAGO, J. |
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| All told, appellant is guilty beyond reasonable doubt of the crime of rape through force or intimidation. The trial court, therefore, correctly imposed on him the penalty of reclusion perpetua, pursuant to Articles 266-A and 266-B of the Revised Penal Code, as amended. A slight modification in the award of damages however is in order. The trial court did not award civil indemnity in favor of the complainant. Civil indemnity is mandatory upon the finding of the fact of rape. It is automatically imposed upon the accused without need of proof other than the fact of the commission of rape.[18] Thus, complainant should be awarded P50,000.00 as civil indemnity. | |||||
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2004-05-27 |
CALLEJO, SR., J. |
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| We are not convinced. Case law has it that the failure of the victim to shout or offer tenacious resistance does not make voluntary the victim's submission to the criminal acts of the accused.[37] Resistance is not an element of rape and the absence thereof is not tantamount to consent.[38] The law does not impose upon a rape victim the burden of proving resistance.[39] In fact, physical resistance need not be established in rape when intimidation is exercised upon the victim and she submits herself against her will to the rapist's lust because of fear for life or personal safety.[40] Indeed, it has been said that, in rape cases, it is not necessary that the victim should have resisted unto death or sustained injuries in the hands of the rapist. It suffices that intercourse takes place against her will or that she yields because of a genuine apprehension of great harm.[41] | |||||