This case has been cited 5 times or more.
2004-06-23 |
PER CURIAM |
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By its very nature, rape is normally committed without other people around save the perpetrator and the victim themselves. Thus, the sole important issue in rape cases is the credibility of the victim's testimony. When her testimony is convincingly credible, untainted with any material inconsistencies, the accused may be convicted solely on the basis thereof.[15] | |||||
2004-06-03 |
PER CURIAM |
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The sole important issue in a rape case is the credibility of the victim's testimony, in view of its nature in which only two persons are normally involved.[37] Hence, in adjudicating such issue, jurisprudence has established the following guidelines: (1) the victim's testimony must be scrutinized with extreme caution since an accusation of rape can be made with facility, but difficult for the accused to disprove it; and (2) when her testimony meets the test of credibility, the accused may be convicted solely on the basis thereof.[38] | |||||
2003-10-01 |
AUSTRIA-MARTINEZ, J. |
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Civil indemnity is distinct from moral damages as it is based on different jural foundations and assessed by the court in the exercise of its sound discretion.[33] The award of civil indemnity is mandatory upon the finding of fact of rape.[34] Based on existing jurisprudence, the civil indemnity for the victim in simple rape shall not be less than P50,000.00.[35] | |||||
2003-07-17 |
YNARES-SANTIAGO, J. |
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Q. After that, what happened? A. He asked me to transfer to the living room sir.[10] Well-settled is the rule that a conviction for rape may be based solely on the testimony of the victim, as long as the same is competent and credible. This is primarily because the crime of rape is usually committed in a private place where only the aggressor and the rape victim are present.[11] | |||||
2003-06-18 |
QUISUMBING, J. |
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With regard to the amount of damages for each count of rape, the P50,000 awarded as civil indemnity is in consonance with current jurisprudence.[33] In addition, moral damages in the amount of P50,000 is likewise proper without need of proof.[34] On account of the filial relationship between the complainant and the appellant an additional award of P25,000 as exemplary damages is also in order.[35] |