This case has been cited 4 times or more.
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2012-08-22 |
ABAD, J. |
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| As the Court held in People v. Abay,[9] if the minor victim is more than 12 years old but below 18 when the crime is committed, the accused may be prosecuted either for rape under the RPC or child abuse under R.A. 7610. A child is deemed exploited in prostitution or subjected to other sexual abuse, when the child indulges in sexual intercourse or lascivious conduct (a) for money, profit, or any other consideration; or (b) under the coercion or influence of any adult, syndicate or group.[10] | |||||
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2012-06-18 |
PERLAS-BERNABE, J. |
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| In the case of People v. Pangilinan,[8] which affirmed the doctrines enunciated in the cases of People v. Dahilig[9] and People v. Abay,[10] the Court explained: Under Section 5 (b), Article III of RA 7610 in relation to RA 8353, if the victim of sexual abuse is below 12 years of age, the offender should not be prosecuted for sexual abuse but for statutory rape under Article 266-A(1)(d) of the Revised Penal Code and penalized with reclusion perpetua. On the other hand, if the victim is 12 years or older, the offender should be charged with either sexual abuse under Section 5(b) of RA 7610 or rape under Article 266-A (except paragraph 1[d]) of the Revised Penal Code. However, the offender cannot be accused of both crimes for the same act because his right against double jeopardy will be prejudiced. A person cannot be subjected twice to criminal liability for a single criminal act. Likewise, rape cannot be complexed with a violation of Section 5(b) of RA 7610. Under Section 48 of the Revised Penal Code (on complex crimes), a felony under the Revised Penal Code (such as rape) cannot be complexed with an offense penalized by a special law. | |||||
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2011-06-13 |
MENDOZA, J. |
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| As elucidated by the RTC and the CA in their respective decisions, all the elements of both crimes are present in this case. The case of People v. Abay, [14] however, is enlightening and instructional on this issue. It was stated in that case that if the victim is 12 years or older, the offender should be charged with either sexual abuseunder Section 5(b) of R.A. No. 7610 or rape under Article 266-A (except paragraph 1[d]) of the Revised Penal Code. However, the offender cannot be accused of both crimesfor the same act because his right against double jeopardy will be prejudiced. [15] A person cannot be subjected twice to criminal liability for a single criminal act. [16] Specifically, Abay reads: Under Section 5(b), Article III of RA 7610in relation to RA 8353,if the victim of sexual abuseis below 12 years of age, the offender should not be prosecuted for sexual abuse but for statutory rape under Article 266-A(1)(d) of the Revised Penal Codeand penalized withreclusion perpetua.On the other hand, if the victim is 12 years or older, the offender should be charged with either sexual abuseunder Section 5(b) of RA 7610 or rape under Article 266-A (except paragraph 1[d]) of the Revised Penal Code. However, the offender cannot be accused of both crimesfor the same act because his right against double jeopardy will be prejudiced. A person cannot be subjected twice to criminal liability for a single criminal act.Likewise, rape cannot be complexed with a violation of Section 5(b) of RA 7610. Under Section 48 of the Revised Penal Code (on complex crimes),a felony under the Revised Penal Code (such as rape) cannot be complexed with an offense penalized by a special law. | |||||
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2009-08-04 |
VELASCO JR., J. |
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| The award of civil indemnity of PhP 50,000 in simple rape cases without need of pleading or proof is correct.[18] In addition, moral damages of PhP 50,000 were also correctly awarded.[19] These are automatically granted in rape cases without need of proof other than the commission of the crime.[20] Exemplary damages were appropriately awarded by way of public example and to protect the young from sexual predators. We, however, increase the award to PhP 30,000 in accordance with prevailing jurisprudence.[21] | |||||