This case has been cited 9 times or more.
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2011-02-02 |
PEREZ, J. |
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| The credibility of the testimonies of the prosecution witnesses, as well as the inconclusive medical finding, tends to create doubt if AAA was indeed raped. The RTC and the Court of Appeals relied largely on the testimony of AAA that she was raped. This Court is well aware of the rule that findings of trial court relative to the credibility of the rape victim are normally respected and not disturbed on appeal, more so, if they are affirmed by the appellate court. It is only in exceptional circumstances that this rule is brushed aside, such as when the court's evaluation was reached arbitrarily, or when the trial court overlooked, misunderstood or misapplied certain facts or circumstances of weight and substance which could affect the result of the case.[34] And one of these exceptions obtains in this case. | |||||
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2010-12-15 |
PEREZ, J. |
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| We, however, increase the amount of exemplary damages awarded from P25,000.00 to P30,000.00 in line with prevailing jurisprudence[27] on the matter. The Court, in the case of People v. Lorenzo Layco, Sr.,[28] awarded exemplary damages to set a public example, to serve as deterrent to elders who abuse and corrupt the youth, and to protect the latter from sexual abuse. | |||||
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2010-08-19 |
MENDOZA, J. |
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| Finally, in addition to the award of civil indemnity and moral damages, the Court also awards exemplary damages in the amount of P30,000.00 in favor of the victim. The reason behind the award is to set a public example and to protect the young from sexual abuse.[13] | |||||
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2010-07-09 |
MENDOZA, J. |
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| The award of exemplary damages is likewise proper. As held in People v. Dalisay,[40] "being corrective in nature, exemplary damages, therefore, can be awarded, not only in the presence of an aggravating circumstance, but also where the circumstances of the case show the highly reprehensible or outrageous conduct of the offender." In much the same way as Article 2230 of the Civil Code prescribes an instance when exemplary damages may be awarded, Article 2229, the main provision, lays down the very basis of the award. Thus, in People v. Matrimonio,[41] the Court imposed exemplary damages to deter other fathers with perverse tendencies or aberrant sexual behavior from sexually abusing their own daughters. Also, in People v. Cristobal,[42] the Court awarded exemplary damages on account of the moral corruption, perversity and wickedness of the accused in sexually assaulting a pregnant married woman. Recently, in People v. Cristino Cañada,[43] People v. Pepito Neverio[44] and People v. Lorenzo Layco, Sr.,[45] the Court awarded exemplary damages to set a public example, to serve as deterrent to elders who abuse and corrupt the youth, and to protect the latter from sexual abuse. It must be noted that, in the said cases, the Court used as basis Article 2229, rather than Article 2230, to justify the award of exemplary damages. Indeed, the deplorable act of the accused in defiling his daughter must not go unpunished. | |||||
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2010-03-29 |
PEREZ, J. |
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| Being corrective in nature, exemplary damages, therefore, can be awarded, not only in the presence of an aggravating circumstance, but also where the circumstances of the case show the highly reprehensible or outrageous conduct of the offender. (Emphasis supplied.) In much the same way as Article 2230 prescribes an instance when exemplary damages may be awarded, Article 2229, the main provision, lays down the very basis of the award. xxx Recently, in People of the Philippines v. Cristino Cañada,[63] People of the Philippines v. Pepito Neverio[64] and The People of the Philippines v. Lorenzo Layco, Sr.,[65] the Court awarded exemplary damages to set a public example, to serve as deterrent to elders who abuse and corrupt the youth, and to protect the latter from sexual abuse. (Emphasis supplied) | |||||
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2010-03-03 |
NACHURA, J. |
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| It, however, erred when it only awarded Twenty-Five Thousand Pesos (P25,000.00) as exemplary damages.[13] The amount should have been P30,000.00, in accordance with People of the Philippines v. Lorenzo Layco, Sr.,[14] in order to serve as public example and to protect the young from sexual abuse. | |||||
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2009-11-25 |
NACHURA, J. |
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| Being corrective in nature, exemplary damages, therefore, can be awarded, not only in the presence of an aggravating circumstance, but also where the circumstances of the case show the highly reprehensible or outrageous conduct of the offender. In much the same way as Article 2230 prescribes an instance when exemplary damages may be awarded, Article 2229, the main provision, lays down the very basis of the award. Thus, in People v. Matrimonio,[45] the Court imposed exemplary damages to deter other fathers with perverse tendencies or aberrant sexual behavior from sexually abusing their own daughters. Also, in People v. Cristobal,[46] the Court awarded exemplary damages on account of the moral corruption, perversity and wickedness of the accused in sexually assaulting a pregnant married woman. Recently, in People of the Philippines v. Cristino Cañada,[47] People of the Philippines v. Pepito Neverio[48] and The People of the Philippines v. Lorenzo Layco, Sr.,[49] the Court awarded exemplary damages to set a public example, to serve as deterrent to elders who abuse and corrupt the youth, and to protect the latter from sexual abuse. | |||||
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2009-07-23 |
VELASCO JR., J. |
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| As to the damages, we note that the appellate court correctly modified the amount of moral damages that should be awarded to AAA--from PhP 50,000 to PhP 75,000, in line with current jurisprudence on qualified rape. The amount of exemplary damages, however, should also be modified. Following People v. Layco,[26] the award of exemplary damages is increased from PhP 25,000 to PhP 30,000, in order to serve as public example and to protect the young from sexual abuse. | |||||
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2009-06-05 |
VELASCO JR., J. |
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| Anent the award of exemplary damages to AAA in Criminal Case No. RTC-2756-I, it is increased from PhP 25,000 to PhP 30,000 in accordance with our ruling in People v. Layco, Sr.[19] | |||||