This case has been cited 3 times or more.
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2004-06-03 |
PER CURIAM |
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| We have ruled that if rape is qualified by any of the circumstances warranting the death penalty, the civil indemnity for the victim is P75,000.[53] The trial court's award of P75,000 as civil indemnity is thus proper. | |||||
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2004-01-20 |
SANDOVAL-GUTIERREZ, J. |
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| The trial court is in error. In People vs. Ocumen,[35] we ruled that for rape to be considered qualified by the presence of the qualifying circumstance of minority of the victim and her relationship with the offender, the same must be specifically alleged in the Information and duly proven with equal certainty as the crime itself. Here, the four Informations do not allege the minority of Janice and her relationship with the appellant. Thus, the death penalty cannot be imposed upon him. | |||||
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2003-10-15 |
SANDOVAL-GUTIERREZ, J. |
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| In People vs. Ocumen,[20] we emphasized that "the qualifying circumstances of minority and relationship must concur. As these circumstances, if proven, raise the penalty of the crime to death, great caution must be exercised in their evaluation. For these circumstances to be appreciated, both must be specifically alleged in the Information and duly proved during the trial with equal certainty as the crime itself. | |||||