This case has been cited 24 times or more.
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2011-12-14 |
LEONARDO-DE CASTRO, J. |
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| Anent the award of moral damages, the same is justified "without need of proof other than the fact of rape because it is assumed that the victim has suffered moral injuries [from the experience she underwent]."[80] We also increase the trial court's award of P50,000.00 to P75,000.00 for each of the three (3) counts of rape herein established in keeping with the recent case law.[81] | |||||
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2010-12-15 |
LEONARDO-DE CASTRO, J. |
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| Civil indemnity ex delicto is mandatory upon a finding of the fact of rape.[27] Moral damages are automatically awarded without need of further proof, because it is assumed that a rape victim has actually suffered moral injuries entitling the victim to such award.[28] Pursuant to prevailing jurisprudence,[29] the amount of Fifty Thousand Pesos (P50,000.00) as moral damages must be increased to Seventy-Five Thousand Pesos (P75,000.00), and exemplary damages increased from Twenty-Five Thousand Pesos (P25,000.00) to Thirty Thousand Pesos (P30,000.00) | |||||
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2010-07-05 |
VELASCO JR., J. |
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| Appellant has made much of the absence of scratches or contusions in AAA's external genitalia. Given the unwavering testimony of AAA as to her ordeal in the hands of appellant, however, the Court cannot accord merit to the argument that the lack of physical manifestation of rape weakens the case against appellant. As aptly observed by the CA, the medical report on AAA is only corroborative of the finding of rape. The absence of external signs or physical injuries, such as freshly broken hymen, or laceration, on the complainant's body, does not necessarily negate the commission of rape.[15] This is because complete or full penetration of the victim's private parts is not required to consummate the crime of rape. Neither is hymenal laceration or like vaginal injury an element of the crime of rape,[16] albeit a healed or fresh laceration is a compelling proof of defloration.[17] What is more, the foremost consideration in the prosecution of rape is the victim's testimony and not the findings of the medico-legal officer. In fact, a medical examination of the victim is not indispensable in a prosecution for rape; the victim's testimony alone, if credible, is sufficient to convict.[18] | |||||
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2010-04-05 |
VILLARAMA, JR., J. |
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| Also, in rape cases, moral damages are awarded without need of proof other than the fact of rape, because it is assumed that the victim has suffered moral injuries entitling her to such an award. The moral damages awarded in the instant case, however, should be increased from P50,000.00 to P75,000.00 pursuant to current jurisprudence on qualified rape. [41] Exemplary damages in the amount of P30,000.00 are also called for, [42] by way of public example, and to protect the young from sexual abuse. [43] | |||||
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2009-12-23 |
VELASCO JR., J. |
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| Appellant has made much of Dr. Rana's report on the absence of medical traces of hymenal laceration on AAA. Given, however, the unwavering sworn account of AAA as to what she went through in appellant's hands, the Court cannot accord merit to the argument that the lack of physical manifestation of rape weakens the case against the latter. The medical report on AAA is only corroborative of the finding of rape. The absence of external signs or physical injuries on the complainant's body does not necessarily negate the commission of rape.[25] This is because hymenal laceration is not an element of the crime of rape,[26] albeit a healed or fresh laceration is a compelling proof of defloration.[27] What is more, the foremost consideration in the prosecution of rape is the victim's testimony and not the findings of the medico-legal officer. In fact, a medical examination of the victim is not indispensable in a prosecution for rape; the victim's testimony alone, if credible, is sufficient to convict.[28] | |||||
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2009-09-17 |
VELASCO JR., J. |
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| The Court is not convinced. To start with, full penile penetration, which would ordinarily result in hymenal rupture or laceration of the vagina of a girl of tender years, is not a consummating ingredient in the crime of rape. The mere knocking at the door of the pudenda by the accused's penis suffices to constitute the crime of rape.[20] And given AAA's unwavering testimony as to her ordeal in the hands of Araojo, the Court cannot accord merit to the argument that the lack of physical manifestation of rape weakens the case against Araojo. The medical report on AAA is only corroborative of the finding of rape. The absence of external signs or physical injuries on the complainant's body does not necessarily negate the commission of rape,[21] hymenal laceration not being, to repeat, an element of the crime of rape.[22] A healed or fresh laceration would of course be a compelling proof of defloration.[23] What is more, the foremost consideration in the prosecution of rape is the victim's testimony and not the findings of the medico-legal officer. In fact, a medical examination of the victim is not indispensable in a prosecution for rape; the victim's testimony alone, if credible, is sufficient to convict. [24] | |||||
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2009-08-04 |
VELASCO JR., J. |
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| Achas has made much of the absence of medical traces of hymenal laceration on AAA. Given the unwavering testimony of AAA as to her ordeal in the hands of Achas, however, the Court cannot accord merit to the argument that the lack of physical manifestation of rape weakens the case against Achas. The medical report on AAA is only corroborative of the finding of rape. The absence of external signs or physical injuries on the complainant's body does not necessarily negate the commission of rape.[25] This is because hymenal laceration is not an element of the crime of rape,[26] albeit a healed or fresh laceration is a compelling proof of defloration.[27] What is more, the foremost consideration in the prosecution for rape is the victim's testimony and not the findings of the medico-legal officer. In fact, a medical examination of the victim is not indispensable in a prosecution for rape; the victim's testimony alone, if credible, is sufficient to convict.[28] | |||||
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2009-07-22 |
CHICO-NAZARIO, J. |
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| As to the award of damages, we have held that if the robbery with homicide is perpetrated with any of the attending qualifying aggravating circumstances that require the imposition of the death penalty, the civil indemnity for the victim shall be P75,000.00.[31] The existence of one aggravating circumstance merits the award of exemplary damages under Article 2230 of the New Civil Code.[32] Thus, the award of exemplary damages to the heirs of CCC is proper. Consistent with recent rulings of this Court, however, the award of exemplary damages is increased from P25,000.00 to P30,000.00. In line with prevailing jurisprudence and the testimony of AAA, we modify the award of moral damages and increase the award from P50,000.00 to P75,000.00. Furthermore, accused-appellant is ordered to return to AAA and BBB the subject items stolen from them; or, if the return is no longer possible, the total amount of P90,000.00, which is the equivalent value of all the items taken by accused-appellant and his co-accused. | |||||
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2009-06-19 |
LEONARDO-DE CASTRO, J. |
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| As to the damages, we have held that if the rape is perpetrated with any of the attending qualifying aggravating circumstances that require the imposition of the death penalty, the civil indemnity for the victim shall be P75,000.00. Thus, the award of P75,000.00 as civil indemnity made by the courts a quo is in line with existing case law. Also, in rape cases, moral damages are awarded without need of proof other than the fact of rape, because it is assumed that the victim has suffered moral injuries entitling her to such an award. However, the moral damages awarded in the instant case should be increased from P50,000.00 to P75,000.00 pursuant to current jurisprudence on qualified rape.[37] Lastly, exemplary damages in the amount of P30,000 is also called for,[38] by way of public example, and to protect the young from sexual abuse.[39] | |||||
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2009-03-17 |
VELASCO JR., J. |
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| A Yes, Sir the laceration was pointed to the position of the clock pointing in the 4:00 o'clock and 8:00 o'clock position.[22] As may be noted, a finger of a grown man--Dr. Tiongson's--can easily pass through AAA's vagina, notwithstanding her age. This reality, coupled with the old and healed lacerations situated at the four o'clock and eight o'clock positions in AAA's labia majora, is compelling physical proof of defloration.[23] It has been said that when the testimony of a rape victim is consistent with medical findings, sufficient basis exists to warrant a conclusion that the essential requisite of carnal knowledge has been established.[24] | |||||
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2008-11-28 |
AUSTRIA-MARTINEZ, J. |
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| On the other hand, the Court deems it proper to modify the amounts awarded for moral damages and exemplary damages to bring them at par with prevailing jurisprudence. Moral damages are awarded without need of proof for mental, physical and psychological suffering undeniably sustained by a rape victim.[69] Exemplary damages are awarded when the victim of the crime is a young girl so as to set a public example against elders abusing and corrupting the youth.[70] Thus, the amount awarded as moral damages is increased from P50,000.00 to P75,000.00,[71] while the amount awarded as exemplary damages should be reduced from P30,000.00 to P25,000.00.[72] | |||||
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2006-10-31 |
CHICO-NAZARIO, J. |
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| This Court likewise affirms the civil indemnity awarded by the trial court, as affirmed by the Court of Appeals, to AAA in accordance with the ruling in People v. Sambrano,[42] which states: As to damages, [this Court] held that if the rape is perpetrated with any of the attending qualifying aggravating circumstances that require the imposition of the death penalty, the civil indemnity for the victim shall be P75,000. Thus, the trial court's award of P75,000 as civil indemnity is in line with existing case law. Also, in rape cases moral damages are awarded without need of proof other than the fact of rape because it is assumed that the victim has suffered moral injuries entitling her to such an award. However, the trial court's award of P50,000 as moral damages should also be increased to P75,000 pursuant to current jurisprudence on qualified rape. Lastly, exemplary damages in the amount of P25,000 is also called for, by way of public example, and to protect the young from sexual abuse. It should be noted that while the new law prohibits the imposition of the death penalty, the penalty provided for by law for a heinous offense is still death and the offense is still heinous. Consequently, the civil indemnity for the victim is still P75,000.00.[43] | |||||
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2006-08-31 |
AZCUNA, J. |
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| The Court, likewise, affirms the civil indemnity awarded by the Court of Appeals to Sally in accordance with the ruling in People v. Sambrano[34] which states: As to damages, we have held that if the rape is perpetrated with any of the attending qualifying circumstances that require the imposition of the death penalty, the civil indemnity for the victim shall be P75,000 .... Also, in rape cases, moral damages are awarded without the need of proof other than the fact of rape because it is assumed that the victim has suffered moral injuries entitling her to such an award. However, the trial court's award of P50,000.00 as moral damages should also be increased to P75,000 pursuant to current jurisprudence on qualified rape. Lastly, exemplary damages in the amount of P25,000.00 is also called for, by way of example, and to protect the young from sexual abuse. It should be noted that while the new law prohibits the imposition of the death penalty, the penalty provided for by law for a heinous offense is still death and the offense is still heinous. Consequently, the civil indemnity for the victim is still P75,000. On the other hand, the automatic appeal in cases when the trial court imposes the death penalty will henceforth not apply, since its imposition is now prohibited, so that there is a need to perfect an appeal, if appeal is desired, from a judgment of conviction for an offense where the penalty imposed is reclusion perpetua in lieu of the death penalty pursuant to the new law prohibiting its imposition. | |||||
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2004-06-23 |
PER CURIAM |
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| As regards the award of civil damages by the trial court, we observed that it only ordered the payment of P50,000.00 as civil indemnity. The indemnity should be P75,000.00. This is mandatory upon a finding of the fact of qualified rape.[25] An additional award of P75,000.00 as moral damages is also proper without need of pleading or proof of the basis thereof since the anguish and pain she endured are evident.[26] Considering the presence of the qualifying circumstances of minority and relationship, she is also entitled to exemplary damages in the amount of P25,000.00. As we held in People vs. Catubig,[27] "an aggravating circumstance, whether ordinary or qualifying, should entitle the offended party to an award of exemplary damages within the unbridled meaning of Article 2230 of the Civil Code." | |||||
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2004-06-17 |
QUISUMBING, J. |
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| From another perspective, we have previously held that no mother in her right mind would expose her daughter to the trauma resulting from a court case unless she is truly motivated by a desire to penalize the person responsible for her daughter's defilement.[76] It is unnatural for a mother to use her daughter as an engine of malice, especially if it will subject her child to embarrassment and lifelong stigma. A mother would not sacrifice the honor of her daughter to give vent to a grudge that would tarnish the latter's reputation forever.[77] These principles are applicable in the present case, which involves not only the daughter of Imelda Ibarrientos but her niece as well. | |||||
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2004-06-17 |
QUISUMBING, J. |
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| The best evidence to prove the age of the offended party is an original or certified true copy of the certificate of live birth of such party.[87] We stress that the severity of the death penalty, especially its irreversible and final nature once carried out, makes the decision making process in capital offenses aptly subject to nothing less than the most exacting rules of procedure and evidence.[88] | |||||
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2004-02-13 |
PER CURIAM |
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| It is necessary, however, the modify the amount of damages awarded by the trial court. Under prevailing jurisprudence, if the commission of the crime of rape is effectively qualified by any of the circumstances under which the death penalty may be imposed, the civil indemnity for the victim shall be P75,000.[74] The trial court's award of P50,000 as moral damages should be increased to P75,000 pursuant to current jurisprudence on qualified rape.[75] Lastly, the exemplary damages awarded by the trial court should also be increased to P25,000, in line with current jurisprudence, and by way of public example, to protect the young from sexual abuse.[76] | |||||
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2004-02-03 |
CALLEJO, SR., J. |
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| In reviewing rape cases, this Court is guided by three principles: (1) an accusation of rape can be made with facility and while the accusation is difficult to prove, it is even more difficult for the person accused, although innocent, to disprove; (2) considering the intrinsic nature of the crime, only two persons being usually involved, the testimony of the complainant should be scrutinized with great caution; (3) the evidence for the prosecution must stand or fall on its own merit, and cannot be allowed to draw strength from the weakness of the evidence for the defense.[34] Rachel's testimony was direct, candid, and replete with details of the rape. She testified that after touching her private parts, the appellant inserted his penis inside her vagina, thus: PROS. SANTIAGO Q When you said that you were raped by Rodel Antivola, what do you mean by that? A He touched my private part, Sir. Q When was it, Rachel? A December 4.[35] ... Q At the house of Rodel, will you tell us what transpired between you and Rodel? A He removed my short and touched my private part. Q Did you not shout or cry when Rodel touched your private part? A I cried, Sir. Q What else did he do aside from touching your private part? A He brought out his penis, Sir. Q What did he do with his penis? A He touched my private parts first then he inserted his penis.[36] ... Q What did you feel when Rodel inserted his penis to your vagina? A I was crying, Sir. Q Aside from crying, did you feel pain? A Yes, Sir. Q What else did you feel? A My vagina was very painful, Sir. ... Q When your mother noticed your vagina to be reddish, what did she do? A I said that it was "Bungi." Q Who is "Bungi?" A Rodel Antivola, Sir. Q Will you look around tell us if "Bungi" or Rodel Antivola is around? A That one, Sir. Q Please point to him. A (Witness pointing to the person who answered to the name of Rodel Antivola).[37] Rachel's testimony says it all. It is marked by spontaneity, honesty and sincerity. 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.[38] Youth and immaturity are generally badges of truth and sincerity.[39] In rape cases, the testimony of the victim alone, if credible, is sufficient to convict the accused of the crime. The medical certificate is presented merely to corroborate the victim's declaration that she was sexually molested. In fact, what is more telling in the medical findings proffered in evidence by the prosecution is the presence of hymenal lacerations in different positions in the victim's genitalia which is the best physical evidence of her forcible defloration.[40] | |||||
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2003-10-24 |
CARPIO MORALES, J. |
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| 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] | |||||
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2003-10-23 |
PER CURIAM |
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| As to appellant's civil liability for qualified rape, civil indemnity ex delicto in the amount of P75,000.00,[35] moral damages in the amount of P75,000.00[36] and exemplary damages in the amount of P25,000.00[37] should be awarded in light of existing jurisprudence for convictions in qualified rape. | |||||
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2003-10-16 |
PER CURIAM |
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| As to damages, while the trial court awarded P50,000.00 as moral damages and P25,000.00 as exemplary damages, it failed to grant civil indemnity which is mandatory upon a finding of rape. Civil indemnity is distinct from and should not be denominated as moral damages, which is based on different jural foundations. Indemnity ex delicto in the amount of P50,000.00 is automatically given to the offended party without need of further evidence other than the fact of rape.[41] In line with recent jurisprudence, an award of P75,000.00 is proper when rape is in its qualified form.[42] We affirm the award of moral damages which is also given without need of proof other than the commission of rape but should be increased to P75,000.00.[43] We likewise affirm the award of P25,000.00 as exemplary damages because of the duly established circumstance of relationship[44] and to deter fathers with pervert tendencies and aberrant sexual behavior from preying upon their young daughters.[45] | |||||
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2003-10-01 |
AUSTRIA-MARTINEZ, J. |
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| Moreover, Lyzel's testimony is strongly corroborated by her sister Mary Ann[19] and buttressed by physical evidence. The physician's findings on her physical examination conducted on November 3, 1997 indicated the presence of fresh lacerations on her hymen. Laceration of the hymen, whether fresh or healed, is the best physical evidence of defloration.[20] In the present case, the doctor estimated that the lacerations could have been sustained by Lyzel within six days prior to the date of her examination.[21] This estimate is consistent with Lyzel's claim that she was raped on October 31, 1997 and November 1, 1997. | |||||
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2003-07-31 |
CARPIO MORALES, J. |
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| As for the presence of Marigilda during the April 2, 1996 incident, it is not impossible, nor incredible, for her to have been in deep slumber while the sexual assault on Monaliza was taking place.[21] Lust, after all, does not respect either time or place,[22] nor the presence of people nearby.[23] | |||||
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2003-07-31 |
CARPIO MORALES, J. |
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| As for moral damages, also for each count of rape, the amount of P50,000.00 is awarded without need of proving the basis thereof because it is assumed that the victim suffered moral injuries entitling her to such an award.[61] | |||||