This case has been cited 3 times or more.
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2007-04-23 |
GARCIA, J. |
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| With regard to the award of damages, prevailing jurisprudence dictates that where, as here, the rape is perpetrated with any of the qualifying/aggravating circumstances that require the imposition of the death penalty, the victim shall be awarded the following: P75,000.00 as civil indemnity ex delicto, which is mandatory upon the finding of the fact of rape;[28] P75,000.00 as moral damages, even without need of proof since it is assumed that the victim has suffered moral injuries;[29] and P25,000.00 as exemplary damages to curb this disturbing trend of incestuous rape and to set an example for the public good.[30] | |||||
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2006-08-31 |
AZCUNA, J. |
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| The Court finds nothing incredible in Sally's behavior. She woke up with appellant poking a knife at the base of her neck. The act of holding a knife, by itself, is strongly suggestive of force or at least intimidation, and threatening the victim with a knife is sufficient to bring her to submission. The victim's failure to shout for help or resist the sexual advances of the rapist does not negate the commission of rape.[18] As noted by the trial court: The fact that the accused did not shout or resist when her shorts and panty were removed because of fear (TSN, Oct. 21, 1999, p. 12) does not lessen complainant's credibility. To an innocent girl who was then barely thirteen (13) years old, the threat engendered in her a well-grounded fear that if she dared resist or frustrate the bestial desires of the accused, she and her family would be killed. Intimidation is addressed to the mind of the victim and is, therefore, subjective. It must be viewed in the light of the victim's perception and judgment at the time of the commission of the crime and not by any hard and fast rule. The workings of the human mind when placed under emotional stress are unpredictable and people react differently. In such a given situation, some may shout; some may faint; and some may be shocked into sensibility; while others may openly welcome the intrusion. (People v. Cabradilla, 133 SCRA 413 (1984)). The test for its sufficiency under Article 335 of the revised Penal Code is whether it produces a reasonable fear in the victim that if she resists or does not yield to the bestial demands of the accused, that which the latter threatened to do would happen to her, or those dear to her, in this case, her family. Where such degree of intimidation exists, and the victim is cowed into submission as a result thereof, thereby rendering resistance futile, it would be extremely unreasonable to expect the victim to resist with all her might and strength. And even if some degree of resistance would nevertheless be futile, offering none at all cannot amount to consent to the sexual assault. For rape to exist, it is not necessary that the force or intimidation employed in accomplishing it be so great or of such character as could not be resisted; it is only necessary that the force or intimidation be sufficient to consummate the purpose which the accused had in mind. (People v. Savellano, 57 SCRA 320 (1974)). Likewise, Sally's delay in reporting the incident to the authorities is understandable. It is not uncommon for young girls to conceal for some time the assault against their virtue because of the threats on their lives.[19] Failure, therefore, by the victim to file a complaint promptly to the proper authorities would not necessarily destroy the truth per se of the complaint nor would it impair the credibility of the complainant, particularly if such delay was satisfactorily explained.[20] As a matter of fact, delay in reporting a rape case due to threats is justified.[21] As the Court held in People v. Ballester:[22] Neither can appellant find refuge in complainant's failure to promptly report the sexual assault to her relatives. Long silence and delay in reporting the crime of rape has not always been construed as an indication of a false accusation. In fact this principle applies with greater force in this case where the offended party was barely twelve years old, and was therefore susceptible to intimidation and threats of physical harm. Not all rape victims can be expected to act conformably to the usual expectations of everyone. Different and varying degrees of behavioral responses is expected in the proximity of, or in confronting, an aberrant episode. It is settled that different people react differently to a given situation or type of situation and there is no standard form of human behavioral response when one is confronted with a strange, startling or frightful experience.[23] | |||||
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2004-03-31 |
PER CURIAM |
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| We have held that where, as here, the rape is perpetrated with any of the qualifying/aggravating circumstances that require the imposition of the death penalty, the victim shall be awarded the following: P75,000.00 as civil indemnity ex delicto - which is mandatory upon the finding of the fact of rape;[46] P75,000.00 as moral damages, even without need of proof since it is assumed that the victim has suffered moral injuries;[47] and P25,000.00 as exemplary damages to curb this disturbing trend of incestuous rape and to set as an example for the public good.[48] | |||||