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PEOPLE v. REMEIAS BEGINO Y GRAJO

This case has been cited 5 times or more.

2013-02-20
BERSAMIN, J.
Both lower courts thereby erred. There is no longer any debate that the victim in statutory rape is entitled to a civil indemnity of P50,000.00, moral damages of  P50,000.00, and exemplary damages of P30,000.00. The award of civil indemnity of P50,000.00 is mandatory upon the finding of the fact of rape.[36] Similarly, the award of moral damages of P50,000.00 is mandatory, and made without need of allegation and proof other than that of the fact of rape,[37] for it is logically assumed that the victim suffered moral injuries from her ordeal. In addition, exemplary damages of P30,000.00 are justified under Article 2229 of the Civil Code [38] to set an example for the public good and to serve as deterrent to those who abuse the young.[39]
2012-08-23
DEL CASTILLO, J.
Under Article 335 of the Revised Penal Code which is the law then in force at the time of the commission of the crime, when the rape is committed with the use of a deadly weapon, the crime takes a qualified form and the imposable penalty is reclusion perpetua to death. In the instant case, we note that the use of the knife, which is a deadly weapon, was not specifically alleged in the Information. However, it was duly proven during the proceedings below that appellant armed himself with a knife which facilitated the commission of the crime. In People v. Begino,[46] we held that "the circumstances that qualify a crime should be alleged and proved beyond reasonable doubt as the crime itself. These attendant circumstances alter the nature of the crime of rape and increase the penalty. As such, they are in the nature of qualifying circumstances."[47] "If the same are not pleaded but proved, they shall be considered only as aggravating circumstances since the latter admit of proof even if not pleaded."[48] Consequently, the use of a deadly weapon may be considered as an aggravating circumstance in this case. As such, exempla1y damages may be imposed on the appellant in addition to civil indemnity and moral damages.[49] Thus, exemplary damages in the amount of P30,000.00 is hereby awarded.[50]
2010-08-25
PEREZ, J.
The information in this case alleged that accused-appellant, who is the step-father of XYZ, succeeded in having carnal knowledge of the latter, who was then thirteen (13) years of age. The birth certificate of XYZ presented during the trial clearly established that she was below 18 years old when the rape was committed on 4 February 1998.  The records, however, revealed that accused-appellant and AAA were not legally married but were merely engaged in a common-law relationship. Legally speaking, the term "stepparent" refers to "an accused who is legally married to one of the parents of the victim."[8] Although a common-law husband is subject to the punishment of death, if he commits rape against his wife's daughter, nevertheless, the death penalty cannot be imposed on accused-appellant because the relationship alleged in the information in Criminal Case No. 13546 is different with that which was actually proven. As such, accused-appellant should be sentenced with the lesser penalty of reclusion perpetua.  This is in all fours with our rulings in People v. Begino,[9] People v. Santos,[10] People v. Victor,[11] and People v. Ramirez.[12] As we stated in Ramirez,
2010-04-05
VILLARAMA, JR., J.
Under Article 266-B, paragraph 6, subsection 1, the death penalty shall be imposed if the crime of rape is committed when the victim is under 18 years old and the offender is a "parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third degree, or the common law spouse of the parent of the victim." The circumstances that qualify a crime should be alleged and proved beyond reasonable doubt as the crime itself, as these attendant circumstances alter the nature of the crime of rape and increase the penalty. They are in the nature of qualifying circumstances. [35] The age of the victim and her relationship with the offender must, therefore, be both alleged in the information and proven during the trial; otherwise, the death penalty cannot be imposed. [36]
2009-09-30
PERALTA, J.
With respect to the last assigned error, the Court agrees with the CA in awarding civil indemnity as well as moral and exemplary damages to AAA. However, since the penalty is reclusion perpetua, the civil indemnity must be reduced from P75,000.00 to P50,000.00 in line with prevailing jurisprudence.[64] Moreover, when a crime is committed with an aggravating circumstance, either qualifying or generic, an award of P30,000.00 as exemplary damages is justified under Article 2230 of the New Civil Code.[65]