This case has been cited 7 times or more.
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2015-11-23 |
MENDOZA, J. |
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| Biala's defense of denial must be rejected. It could not prevail over AAA's unwavering testimony and her positive and firm identification of him as the man who had undressed her and sexually gratified himself off her. As negative evidence, it pales in comparison with a positive testimony that asserts the commission of a crime and the identification of the accused as its culprit.[30] The facts in this case do not present any exceptional circumstance warranting a deviation from this established rule. | |||||
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2013-12-11 |
LEONARDO-DE CASTRO, J. |
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| Sexual intercourse with a woman below 12 years of age, whether she consented to it or not, is punishable as rape under our laws. As such, proof of force, threat, or intimidation is unnecessary in cases of statutory rape, they, not being elements of the crime. When the complainant is below 12 years old, the absence of free consent is conclusively presumed as the law supposes that a woman below this age does not possess discernment and is incapable of giving intelligent consent to the sexual act.[39] | |||||
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2010-07-28 |
LEONARDO-DE CASTRO, J. |
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| To convict an accused of the crime of statutory rape, the prosecution must prove: first, the age of the complainant; second, the identity of the accused; and last but not the least, the carnal knowledge between the accused and the complainant.[23] | |||||
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2010-04-14 |
NACHURA, J. |
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| Similarly, moral damages are automatically awarded to rape victims without need of pleading or proof; it is assumed that a rape victim actually suffered moral injuries, entitling her to this award.[12] That the victim suffered trauma, with mental, physical, and psychological suffering, is too obvious to still require recital at the trial by the victim, since we assume and acknowledge such agony as a gauge of her credibility.[13] | |||||
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2010-03-29 |
PEREZ, J. |
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| In Cañada,[66]the relationship of appellant, common law spouse of the mother of the fifteen-year old victim, was never alleged in the Information nor proven in court. Citing People v. Canares,[67] a case of statutory rape perpetrated by a househelper, this Court awarded exemplary damages in the amount of P30,000.00 justified under Article 2229 of the Civil Code "to set a public example and serve as deterrent against elders who abuse and corrupt the youth."[68] | |||||
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2009-12-04 |
BRION, J. |
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| An information, under Section 6, Rule 110 of the 2000 Revised Rules on Criminal Procedure, is deemed sufficient if it states the name of the accused; the designation of the offense given by the statute; the acts or omissions complained of as constituting the offense; the name of the offended party; the approximate date of the commission of the offense; and the place where the offense was committed. Section 11 of the same Rule also provides that it is not necessary to state in the complaint or information the precise date the offense was committed, except when the date of commission is a material element of the offense. The offense may thus be alleged to have been committed on a date as near as possible to the actual date of its commission. At the minimum, an indictment must contain all the essential elements of the offense charged to enable the accused to properly meet the charge and duly prepare for his defense.[40] | |||||
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2009-07-03 |
BRION, J. |
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| We modify the awarded civil indemnity of P75,000.00 to P50,000.00, the latter being the civil indemnity appropriate for simple rape[52] on the finding that rape had been committed.[53] | |||||